Kripalu Liabilty Waiver Agreement

Kripalu Liability Waiver Agreement and Terms of Sale 

Last Updated: October 30, 2022
 
TERMS AND CONDITIONS OF SALE 

THESE TERMS AND CONDITIONS OF SALE (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS APPLY ONLY TO THE SERVICES IDENTIFIED BELOW (THE “SERVICE” OR “PROGRAM”) AND NOT TO ANY OTHER SERVICES. 

These Terms incorporate by reference the Kripalu Website Terms of Use as well as the Kripalu Privacy Policy. In the case of a conflict between these Terms and the Kripalu Website Terms of Use, these Terms shall supersede. These Terms, the Kripalu Website Terms of Use and the Kripalu Privacy Policy constitute the Agreement for your use of Service being purchased, which is made available by Kripalu Center for Yoga & Health (referred to as Kripalu, us, we, or our as the context may require) through UNION. The Agreement is subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” and accessible via the Kripalu Liability Waiver Agreement and Terms of Sale. The Kripalu Website Terms of Use as well as the Kripalu Privacy Policy are also subject to change and you are responsible for reviewing those terms periodically. Your continued use of the Service will constitute your acceptance of and agreement to all such changes. 

  1. ORDER ACCEPTANCE/CONFIRMATION. You agree that your order is an offer to buy under the Agreement. Kripalu reserves the right to accept or reject orders in its sole discretion. 
      
  2. PRICING/PAYMENT 
    1. US Dollars.  All prices are in US dollars. 
        
    2. Prices Subject to Change.  All posted or advertised prices posted are subject to change without notice. The price charged for the Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total (as applicable) and will be included in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer made by us and we reserve the right to cancel any orders arising from such errors. 
        
    3. Payment Terms; Method.  Terms of payment are within our sole discretion and are currently processed via Stripe. Payment processing is governed by the Stripe terms and privacy policies, available at  www.stripe.com. Full payment is due at time of registration. Subscriptions are billed monthly based on your first payment date. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.  
        
    4. All registrations and bookings are subject to Kripalu’s cancellation policies listed below: 
      1. KRIPALU RESERVES THE RIGHT TO CANCEL ANY SERVICE OR PROGRAM AT ANY TIME. IF YOUR PROGRAM IS CANCELLED, YOU WILL BE GIVEN A COMPLETE REFUND. A REFUND WILL BE CREDITED BACK TO THE ORIGINAL PAYMENT METHOD OR CARD. NO REFUNDS WILL BE GIVEN FOR SUBSCRIPTIONS. 
          
      2. ALL SALES ARE FINAL for Kripalu ONLINE Programs delivered by Union.  Subscriptions may be canceled at any time and will become effective on the next billing date. No full or partial refunds are offered for subscription cancellations made between billing cycles. Except as expressly provided above ALL SALES ARE FINAL. Accordingly, no credit or refund will be issued or applied if you elect to cancel.  
          
      3.  ONLINE Technical Issues. Users are entirely responsible for having working internet, computers and other technology necessary to connect to the Kripalu offering at the date and time the Program is offered. However, if technical issues caused by Kripalu or its third-party providers result in cancellation or outages/content loss, then Kripalu in its sole and exclusive determination may offer the following in place of a refund: 

          • Kripalu will make up the Program sessions and/or provide a recording to those who were prevented from attending; 
          • In cases where the Program is interrupted, and the lost content/presentation is material to the Program, Kripalu will facilitate the delivery of the missing content/materials as determined by Kripalu in collaboration with the presenter, within a reasonable period of time following the original Program delivery date(s). 
  3. RECORDINGS.  reserved. 
  4. FORCE MAJEURE: Neither Kripalu nor any of its third-party providers shall be liable for any failure or delay in the performance of its obligations under the Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics or pandemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation. The foregoing notwithstanding, technical issues experienced or caused by Kripalu and/or its third-party providers are addressed in Section 2 above. 
  5. LIMITATION OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KRIPALU OR ITS TRUSTEES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PROGRAM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR PROGRAM OR (B) $100.00. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 
 

PARTICIPATION AGREEMENT AND RELEASE 

This Participation Agreement and Release applies to activities you may participate in  on Union hosted by Kripalu Center.  As lawful consideration for your participation in the activities, you agree to all the terms and conditions set forth below. 
 
Activities 
I have the opportunity to take part in a range of activities designed to enhance my health and well-being. These activities include yoga and dance classes; exercise and conditioning classes; strength training;  and other personal growth experiences; relaxation and meditation instruction; and lectures on various topics (each an “Activity” and collectively “Activities” for purposes of this Agreement).  
 
Acknowledgement; Release of Liability & Waiver 
I RECOGNIZE THAT THESE ACTIVITIES AND OTHER ACTIVITIES OF THIS NATURE INVOLVE AN ELEMENT OF PHYSICAL, EMOTIONAL, AND PSYCHOLOGICAL RISK, INCLUDING SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I UNDERSTAND EACH PERSON’S LEVEL OF PHYSICAL AND PSYCHOLOGICAL FITNESS IS DIFFERENT, AND THAT SOME ACTIVITIES MAY NOT BE APPROPRIATE FOR ME GIVEN MY INDIVIDUAL CAPACITIES. I ACCEPT THE NEED TO MONITOR MY OWN PARTICIPATION, KNOWING THAT EACH ACTIVITY, AND EACH EXERCISE WITHIN ANY GIVEN ACTIVITY, IS OPTIONAL.  IT IS FINE FOR ME TO SIT OUT AN ACTIVITY OR EXERCISE, OR CHOOSE NOT TO PARTICIPATE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF KRIPALU OR OTHERWISE. 
 
After being informed of the above risks and responsibilities, I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Kripalu, and its officers, trustees, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities, whether arising out of the negligence of Kripalu or any Releasees or otherwise. I covenant not to make or bring any such claim against Kripalu or any other Releasee, and forever release and discharge Kripalu and all other Releasees from liability under such claims. 
  
   
Miscellaneous 
This Agreement constitutes the sole and entire agreement of Kripalu and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Kripalu and me and each of our respective successors and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Berkshire County, Massachusetts, and I hereby consent to the exclusive jurisdiction of such courts. 
 
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I AGREE TO KRIPALU’S TERMS AND CONDITIONS OF SALE AND ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE KRIPALU UNDER CERTAIN CIRCUMSTANCES.