Terms and Conditions
1. Acceptance of Terms
This Agreement sets forth terms for your use of the Website and Services offered by the Bird Studio or any person or entity involved with the Bird Studio. By using www.yogamillvalley.co, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website), or are a “Student” (which means that you have purchased services from the Website). If you do not accept the terms of this Agreement, you should discontinue use of the Service immediately.
2. General Terms
Customers are responsible for their class booking and to ensure that the particulars contained therein are correct.
The customer shall pay the Bird Studio or the organizing partner the total balance due for each person named in the reservation. Bookings are final only upon payment and we reserve the right to honor other paid bookings first. Payments can be made via Paypal, transfer, Venmo or credit card through the organizing partner website, who have their own terms and should be read.
Due to limited space, class, camp and workshop bookings are non-refundable but may be transferred to another individual only upon consent of the organizer, and we retain the right to refuse the transfer to a chosen individual.
In the event of cancellation of a class, camp or workshop booking after payment by the customer, regardless of circumstances, the Bird Studio retains the right to retain the full payment with 0% refund.
Due to teacher cancellations or other situations beyond our control, the Bird Studio reserves the right to change bookings and shall inform the customer as soon as possible. Alternative arrangements will be offered but we do not accept responsibility for any costs incurred, including airfare.
The Bird Studio is not held liable for flight costs or any related travel costs.
The Bird Studio reserves the right to offer discretionary discounts and this does not affect the status of any guests who have paid the full price and no discount will then become due to them.
During classes and camps, the customer shall not use the Studio property except for permitted use and shall not use the property for any offensive, noisy, dangerous, illegal, entertainment, immoral or improper purposes. The customer shall not do anything which may be a nuisance or annoyance to the Bird Studio and the property guests, staff or owners.
The customer shall keep all the Bird Studio and partner properties’ fixtures, fittings, furniture and effects in a clean and good condition and shall replace any articles which are destroyed or missing with articles of a similar kind and of equal value.
The Bird Studio reserves the right at its sole discretion to terminate use of the property or any of its facilities by the customer in the event of any breach of these terms and conditions. The customer will be required to vacate the property and the Bird Studio and organizing partners shall not refund payment or accept any consequential liability damages or loss.
The Bird Studio and organizing partners retain all copyright license rights and sole exclusive ownership of the information, photographs and material displayed on its website. The material may not be modified, copied or used in any other way.
Any user of the website has to be 18 years of age or older and agrees to be entirely financially responsible for all charges and other fees arising from use of the website.
It is the customer’s responsibility to ensure that he/she has all the relevant travel documentation and arrives at the Studio in time.
The Bird Studio and organizing partners can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport.
While we try to accurately describe and adhere to the advertised program and inclusions for classes, workshops, events and camps, the Bird Studio reserves the right to alter any facility accommodation or yoga activity.
During classes, in the event that the customer decides to downgrade their accommodation after monies have been paid, the customer will not be entitled to any refund. If the customer wishes to upgrade the new price will apply.
The customer must comply fully with all and any health and safety regulations introduced by the Bird Studio and organizing partners and affiliate teachers. The customer must ensure that he/she is medically and physically fit and able to use our facilities and participate in activities. Customers who have injuries or illnesses are advised to seek doctor’s advice if practicing yoga. The Bird Studio is not liable for any injuries to the customer in his/her use of our facilities or participation in activities. A customer must always stop and rest if he/she is feeling any pain or sickness and inform the teacher of any previous injuries.
The Bird Studio cannot accept any responsibility for loss or damage of personal possessions or valuables of the customer during classes, camps, workshops or events.
The Bird Studio shall not be liable for any failures beyond its control. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors.
The Bird Studio accepts no liability for loss, damage, injury or illnesses which may be received during the customers stay or traveling to and from classes, camps, workshops or events.
We recommend that all customers have adequate travel, cancellation and medical insurance for the duration of the class.
Any photos taken during classes, camps, workshops and events are the property of the Bird Studio and affiliate partners and may be used for promotional purposes, it is your responsibility to advise in writing if you do not want your photo taken and used in this way.
Feedback given to the Bird Studio by email or on a class, camp, workshop, event feedback form may be used as promotional material on the Bird Studio websites and other organizing partner websites. It is your responsibility to advise in writing if you do not want your feedback to be used publicly.
3. Health Disclaimer
Prior to beginning any program offered on the Website, you are advised to seek the advice of a physician regarding any routine, program or about using any suggested practices shown on the Website or any retreats or online program available for purchase on the Website.
The Bird Studio is not a medical organization. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. The Bird Studio and its affiliate instructors cannot give you medical advice or diagnosis. You agree that all exercises are performed freely by You. You further agree that you are not required to perform any exercise offered by the Website and always have the choice not to participate or perform suggested practices.
You represent that you understand physical exercise involves strenuous physical movement. Accordingly, you understand that such activity carries the risk of injury whether physical, mental, or emotional. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. You agree not to exceed your limits while performing any activity or program offered on the Website, and you further agree to select the appropriate level of classes for your abilities, as well as for any mental or physical conditions and/or limitations you have.
You should ensure that any decisions or practice made or implemented by you after viewing our content or materials are made taking into account other factors (apart from the information we provide) which you are aware of. In particular if you are subject to or suffer from any mental health issues, or any psychiatric, psychological or medical condition which may be affected by participating in a class, camp, event, workshop, online course or any of our other services then you should take medical advice before engaging with any of our goods, services or content.
You knowingly, intelligently, and expressly waive and release any claim that you may have at any time for injury of any kind against the Bird Studio, or any person or entity involved with the Bird Studio, including but not limited to its instructors and affiliates.
5. Non-Responsibility For Other Sites
6. Limitation on Liability
This is our limitation on liability. This limitation on liability extends to all services, products, videos, advertisements, comments, posts, and content now on www.yogamillvalley.co, or hereinafter presented.
We will operate the Services with the reasonable skill and care of an online service provider and no further warranties or indemnities are provided.
You should ensure that any decisions or practice made or implemented by you after viewing our content or materials are made taking into account other factors (apart from the information we provide) which you are aware of. In particular if you are subject to or suffer from any psychiatric, psychological or medical condition which may be affected by participating in a class, camp, workshop or event, online course or any of our other services then you should take medical advice before engaging with any of our goods, services or content.
We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you, except as expressly provided in these conditions.
Our entire liability under or in connection with these terms and conditions shall not exceed the amounts paid by you to us.
In no event, including, without limitation, negligence, shall the Bird Studio or its affiliates be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the sites; (ii) the use or inability to use the sites; (iii) the use of or reliance on any content or information displayed in or on the sites; (iv) the purchase or use of any products or participation in any online or in-person classes, camps, workshops, trainings, events or courses offered through the sites or otherwise; (v) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (vi) errors, system down time, network or system outages, or file corruption or service interruptions; or (viii) otherwise under this agreement/terms and conditions, whether or not reasonably foreseeable, even if the Bird Studio or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding anything to the contrary contained herein, the Bird Studio’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last 90 days to the Bird Studio for any products or services supplied by the Bird Studio through your use of the site or otherwise.
The Bird Studio will not be liable in any amount for failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
These exclusions shall be governed by and construed in accordance with the law of the United States of America. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
7. Other Important Terms
This Agreement, along with any other notices published by the Bird Studio on the Website, shall constitute the entire agreement between you and the Bird Studio concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and the Bird Studio with respect to the Website and Service. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Bird Studio without restriction. The failure of the Bird Studio to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
The Bird Studio reserves the right to amend this Agreement at any time. No notice is required to amend this Agreement. Such modification shall be effective upon its posting on the Website. It is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. It is imperative that you review this Agreement regularly.