• By purchasing a class, package, private session, training, workshop, series, course, and/or membership both online and in person — you agree to the following terms and conditions.

    Participant Release

    You confirm that you have read, understood and agree to be bound by all of the following points, which serve as a binding contract between you and Shine Yoga WNY, LLC (“Shine”), and that you are eligible to participate in Shine programs under the conditions set forth below.  If you do not agree to be bound by this Participant Release, we regret that we cannot accept your enrollment.

    1. Your Health and Physical Condition. Every form of exercise carries some degree of risk of injury. Some yoga exercises and postures, for example, are not appropriate for every person.  You are responsible for making sure that your health and physical condition permit you to engage in Shine programs by consulting with an appropriate health-care profession before enrolling and participating in any such programs. Shine will rely on the fact that, by participating, you have sought such expert advice.

    2. Waiver of Claims. Accidents can happen in any form of exercise. Except for claims of personal injury to you based on intentional wrongful acts of Shine, you are assuming the risk of injury, damage and/or loss of any kind to you, your guests (including children), and your (and their) property resulting from or related to your participation in Shine programs and other Shine products and services, and you are waiving, releasing and discharging any and all such claims. The waiver of liability under this Participant Release applies to Shine Yoga WNY, LLC, and its members, officers, employees, contractors, vendors, agents and representatives, and extends to all claims, debts, liabilities, costs, expenses, and causes of action relating in any way to your participation in Shine programs.

    3. Indemnity. You agree to indemnify, defend and hold the Shine Parties against any and all of the claims that are waived in Section 2 above, and any other loss or liability resulting from your wrongful acts and/or those of your guests at any Shine program.

    4. Arbitration. You agree that any disputes arising under this Participant Release will be submitted to confidential binding arbitration in New York State before a single arbitrator pursuant to the then-applicable rules of the American Arbitration Association.

    5. Deposit & Final Payment Refund Policy. Deposit payments of $0-$500 for a training are non-refundable and non-transferable, unless otherwise specified. Full payments minus deposits are non-transferable and non-refundable after the specified date for each training.

    End of Participant Release

  • Online and Ondemand Terms & Conditions

    Agreement of Terms: Please read and be sure you understand these Terms of Service. By using Shine Yoga Online, and regardless of whether you are a member or an occasional user, you agree that you have read these Terms of Service and agree to be bound by them.

    Please note that these Terms of Service contain certain disclaimers of liability and warranty by Shine Yoga WNY LLC and liability releases and indemnifications by you, including a class action waiver, that may affect your rights.

    We reserve the right to, at any time:

    Change or amend these Terms of Service;

    Change Shine Yoga Online, the Site, Content, and any services provided;

    Deny or terminate your use of Shine Yoga Online.

    Any changes or amendments to the Terms of Service will take effect immediately and your use of Shine Yoga Online after such changes constitutes your acceptance of such changes. Please refer back to this page frequently to ensure you are up to date on the applicable Terms of Service.

    You agree that you are at least 18 years of age and are competent and able to understand, accept and comply with these Terms of Service. If you access or use Shine Yoga Online on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and to bind such company or legal entity to these Terms of Service. In such a circumstance, “you” or “your” refers to both you and the company or legal entity.

    Services We Provide:

    At Shine Yoga Online we are committed to providing up-to-date and helpful information and content regarding yoga instruction, including from contributing instructors and content providers (collectively, “Contributors”).

    Shine Yoga Online may provide information such as video content, pictures, advice, marketing materials, advertisements, message books, user forums, reviews, text, graphics, logos, and other content (collectively, “Content”).

    No Guarantees or Endorsements: Shine Yoga Online endeavors to examine the credentials of our Contributors, but we make no guarantees, representations or warranties regarding the representations, qualifications or skills of the Contributors, or regarding the quality, accuracy, or safety of the Content they provide. We do not recommend, sponsor or endorse the services of a particular Contributor. Further, we cannot guarantee the resolution or quality of streaming services you will receive or the compatibility of Shine Yoga Online with your devices, as these are dependent on many factors which can change during the course of use.

    Shine Yoga Online may provide information such as links to other websites, photographs, videos, advertisements, services, and other services or content provided by third parties. Such material may not be owned or controlled by Shine Yoga online and Shine Yoga Online LLC makes no warranties, representations or guarantees regarding the reliability or accuracy of such third-party content. Any transactions you conduct with third parties are direct transactions and will not include Shine Yoga Online..

    Permitted Uses

    You may use the Content and the Site for personal uses only, and not for any for-profit or commercial activities or for any resale, re-display, or advertising purposes unless explicitly authorized by these Terms of Service.

    You will not reproduce, copy, share, or take, and will not allow any Content to be reproduced, copied, shared, or taken by any third parties, without the express permission of Shine Yoga WNY LLC, and will immediately notify Shine Yoga WNY LLC of any unauthorized use of Content of which you become aware.

    Shine Yoga WNY reserves the right to decline or revoke your use of the Site and Shine Yoga WNY at any time and for any reason.

    Subscriptions and Fees

    Shine Yoga WNY offers subscription-based access to its site and Content. In exchange for the applicable subscription fees (and any other fees, as Shine Yoga may from time to time determine to be appropriate), Shine Yoga grants a non-exclusive, non-transferable, limited right and license to access, view, use and display the Content for private, non-commercial use.

    Shine Yoga may offer a free trial membership in order to use Shine Yoga without a financial commitment, though this is contingent on Shine Yoga’s receipt of your billing information. Shine Yoga will not give notice of the impending expiration of a free trial period, and billing will begin promptly upon its expiration.

    Shine Yoga reserves the right to change subscription fees from time to time, with advance notice to you.

    You may terminate your subscription at any time, though Shine Yoga may not reimburse you for any prepaid subscription fees.

    Memberships and subscriptions are limited to one person each, and should not be shared with household or family members.

    Health Disclaimer

    Yoga and all related activities constitute physical exercise that could include difficult, strenuous, or dangerous physical activity. Shine Yoga advises you to seek the advice of a physician before using Shine Yoga Online or engaging in any physical activity or exercise program, including those displayed by Shine Yoga Online.

    Content and anything else displayed in Shine Yoga Online is not medical advice, diagnosis, or treatment.

    By using Shine Yoga online, you accept all responsibility for any claim you may have due to injury or damage arising in any way from your use of Shine Yoga Online.

    Furthermore, by using Shine Yoga Online, you release Shine Yoga and its owners, employees, Contributors, instructors, agents, contractors, affiliates and representatives from any claim you may have due to injury or damage arising in any way from your use of Shine Yoga Online.

    Postings and User-Generated Content

    When using Shine Yoga online, you may, at your option, provide certain information to Shine Yoga Online, including limited identifying information, photographs or renderings, information about your practice and needs, posted messages, feedback, reviews, and some limited financial information (collectively, “Submissions”). You agree that your Submissions remain your intellectual property and that you retain all ownership and copyrights of such Submissions.

    However, you agree that your Submissions will not be treated as confidential, proprietary or private information and you agree to provide Shine Yoga WNY LLC with a non-exclusive, royalty-free license to your Submissions for the purpose of sharing with the public and of reproducing, distributing, copying, creating derivative works of, incorporating into Shine Yoga, or otherwise using or exploiting, in perpetuity and with no compensation or notice due to you.

    To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights you may have in any Submissions.

    By posting or otherwise submitting any Submissions to Shine Yoga, you represent and warrant that you own or have all the necessary rights to use the Submissions, and grant to Shine Yoga all the rights outlined in these Terms of Service. You agree that you will not post or submit any information to Shine Yoga if you do not own such content, or alternatively, if you post any information that is protected by copyright, you agree that you will obtain all necessary permissions or releases from the applicable owner sufficient to comply with the rights and obligations set forth in these Terms of Service.

    Shine Yoga reserves the right, but not the obligation, to edit or refuse any posting or to remove any content at Shine Yoga WNY LLC’s sole discretion. Shine Yoga WNY LLC has no obligation to review any Content or Submissions, and does not verify the accuracy or usefulness of any submitted material. Shine Yoga cannot guarantee that information posted on the site will not be offensive or inaccurate. However, you agree that you will not post or submit any information to Shine Yoga that:

    Is offensive, harmful or abusive, or includes profanity, sexually explicit or derogatory language or material;

    References illegal activity;

    Is false or would reasonably be assumed to be false;

    Is disparaging to Shine Yoga or Shine Yoga’s partners or advertisers;

    Is otherwise in bad taste.

    Shine Yoga WNY LLC does not endorse or make warranties regarding the accuracy or completeness of any information found on Shine Yoga WNY.

    Personal and other identifying information you provide to Shine Yoga will be treated in the manner described in our Privacy Policy.

    Acceptable Use Policies

    The Shine Yoga website and applications, as well as the Content and other information contained thereon, including their arrangement and display composition (collectively, “Materials”), are proprietary of Shine Yoga WNY LLC, its Contributors, customers, suppliers, and licensors, and are protected by United States and international intellectual property laws, including copyright and trademark laws. In consideration for permission to use Shine Yoga Online, you agree to the following acceptable use policies:

    You will not infringe on our or any third party’s intellectual property rights;

    You will not reverse engineer, decompile or disassemble Shine Yoga or its Content, Materials or other intellectual property;

    You will not sublicense, sell, rent, lease, transfer, assign, or otherwise exploit or profit from any rights under these Terms of Service, except as expressly authorized by Shine Yoga WNY LLC.

    You will not “frame” or “mirror” any part of Shine Yoga Online without Shine Yoga Online’s express authorization;

    You will not engage in bulk mailings, junk mail, unsolicited mailings or spam campaigns, whether electronic or traditional mail, or phone, with respect to Shine Yoga WNY LLC or its customers, consumers, Contributors or other affiliated parties;

    You will not harvest or otherwise collect information about Shine Yoga Online, Shine Yoga WNY LLC, its customers, consumers, or Contributors without their express consent.

    General Provisions

    These Terms of Service are the entire agreement between you and Shine Yoga WNY LLC relating to the subject matter of these Terms of Service, and supersede any and all prior or contemporaneous written or oral agreements.

    Shine Yoga WNY LLC reserves the right to terminate these Terms of Service or your license to use Shine Yoga Online, in whole or in part, at any time for any reason, or to block or prevent your access to Shine Yoga and Shine Yoga Online.

    If any term or provision of these Terms of Service is found to be invalid or unenforceable, the remainder of the Terms of Service will not be affected, and each provision of them will be valid and enforced to the fullest extent permitted by law.

    The headings and titles to the articles and sections of these Terms of Service are for convenience only and have no effect on the interpretation of any part of the Terms of Service.

    The failure of Shine Yoga to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision, or of any other right or provision.

    You may not transfer any of your rights or obligations under these Terms of Service without the consent of Shine Yoga WNY LLC, which consent may be withheld at the sole discretion of Shine Yoga WNY LLC. Shine Yoga WNY LLC may assign its rights and obligations without notice to you and without your consent.

    These Terms of Service are governed by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely in the State of New York and between New York residents. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms of Service will be brought solely in a court in Erie County, New York.

  • Privacy Policy for Both Online and In-person Shine Yoga WNY, LLC Students

    Introduction

    Welcome to Shine Yoga WNY, “Shine Yoga” a yoga studio and Yoga Alliance Yoga Teacher School, providing yoga classes, education, and lifestyle support through our studio programs, online content, website, social media platforms, and newsletter. We use two platforms for online content, our website and our online studio platform hosted by the company, Marvelous. “Site” refers to both the website and the online platform. This Privacy Policy (“Privacy Policy”) is here to help you understand what information Shine Yoga collects from you, how we collect, use, and share such information, and what options you have regarding such information. Any terms not defined in this Privacy Policy have the same definitions set forth in the Terms of Service, which are incorporated into this Privacy Policy by reference.

    We reserve the right to, at any time change or amend this Privacy Policy. Any changes or amendments to the Privacy Policy will take effect immediately and your use of Shine Yoga after such changes constitutes your acceptance of such changes. Please refer back to this page frequently to ensure you are up to date on the applicable Privacy Policy.

    Collection of Information

    We collect information you provide to us about yourself when you use the Site. Such information may include (but is not limited to) your name, address, telephone number, email address, interests, and payment details, including credit card and billing information. Such information may be provided when you create a subscription or membership account with Shine Yoga via our website or via our online platform, which is linked under the “OnDemand” menu tab and is hosted by Marvelous.

    Some information you post to the Site, such as (but not limited to) photos or reviews may be used for public display and consumption. By posting such information to the Site, you authorize Shine Yoga to display this material publicly.

    When you create an account or profile with the Site, you are opting in to receive occasional emails from us or about us. You may be able to opt out of certain communications, but please note that you may be unable to opt out of receiving certain legal or administrative communications. Any communications you conduct via the Site may be collected by us and used in a manner as set forth in this Privacy Policy.

    We use commercially reasonable methods of encrypting and securing your personal and financial information. However, because no method of encryption on the Internet is completely secure, we cannot guarantee the protection of any information you provide to us.

    We may collect and store information about your use of the Site, including (but not limited to) page views, viewing times, searches, as well as your browser type, device type, IP address, referring and requested web pages, visited web pages, and cookies.

    You may be able to connect your Shine Yoga profile to other social network profiles and, if you so choose, we may collect certain information from your other social network profiles as a part of that connection process. In such an instance, you will be given a choice as to what information you wish to share among the profiles.

    Use and Sharing of Your Information

    In general, and aside from the uses of information listed below, we will not sell, rent or otherwise transfer your personal information to third parties.

    Although the following list is meant to be an example of possible uses, and is not comprehensive, information you provide to or via the Site, and information that we collect from you, may be used in the following ways:

    To provide the services of the Site to you, and to personalize such services for your use;

    To connect you with other users of the Site, including with instructors or Contributors, as the case may be, and to maximize the usefulness and value of such connections;

    To protect you, other users, and ourselves from abuse and fraud;

    To process transactions;

    To develop, provide and analyze advertising or promotions;

    To develop, provide and analyze our services and Site;

    To communicate with you, via phone, mail, text, mail, or other Internet mechanisms, regarding services and products that may be of interest to you.

    In the event we are merged with or acquired by another company or entity or if we sell all or substantially all of our assets to another company or entity, we may transfer the information you have provided and that we have collected about you to such other company or entity.

    In the event of an investigation or legal challenge in which we are compelled to divulge certain information, or if we reasonably believe that sharing certain information is appropriate to comply with applicable laws or to avoid liability, we may share the information we collect with third parties to the extent necessary to achieve such compliance.

    Cookies

    Cookies are small data files shared among web browsers and web servers to help websites identify unique users. We may use cookies, web beacons, flash cookies, and other similar technologies (collectively, “Cookies”) in connection with your use of the Site and third-party websites. You may, at any time, adjust your browser settings to limit, refuse, or erase cookies. Doing so may affect the usability of portions of the Site.

    We may use Cookies to track or transmit some identifying information about you such as search preferences, your interaction with advertisements on the Site, and other use patterns or characteristics.

    We may use Cookies to enhance the features of the Site, to provide security and authentication for your transactions within the Site, to provide useful advertising, to store your preferences, and to generally improve your interaction with the Site.

    Other Provisions

    The Site may contain links to and from other sites around the Internet over which we have no control, and we cannot be responsible for the privacy policies of such sites. This Privacy Policy only applies to information collected by this Site.

    This Site is not directed toward children, and we do not knowingly collect, store, or share any information provided by children under the age of 13. If we become aware that we have collected any information from children under 13, we will take steps necessary to delete such information and terminate any associated accounts as soon as practicable. If you become aware that we have collected any information from children under 13, please notify us at sara@shineyogawny.com so we can take the necessary steps.

    You may terminate your online service account at any time by notifying us as set forth on the Site. We may terminate your account as set forth in the Terms of Service. Following such termination, any profile you may have will be deactivated, and you will no longer provide information to us. We may retain and use information previously collected from you, and information publicly posted or shared prior to your termination may remain public, as permitted by applicable law.

    If you have questions or comments regarding this Privacy Policy, we are happy to help. Please email us at sara@shineyogawny.com.

  • I understand the risk of injury from yoga related activities may be significant, including the potential for injury or death.

    I knowingly and freely assume all such risks, both unknown and known.

    I acknowledge that I may engage in both privately supervised, group supervised or unsupervised activity and I assume all risks of movement and use of props with or without staff present.

    In addition I acknowledge that the business may include outdoor activities, which may present risks such as slippery surfaces, uneven surfaces, loose rocks/gravel, unseen landscaping issues or more.

    I hereby release, indemnify and hold harmless Shine Yoga WNY, Shine Yoga teachers, the owner of this business or any other business that may be associated with this company, with respect to any and all injury, disability, disease, viral condition, death, loss or damage to person or property that may arise out of connection with this business or any use of it’s products, services or classes.

    I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid the balance shall remain in full force and effect.

    This release shall apply to my heirs, assigns, personal representatives and any other next of kin.

    I understand that this business is relying on this release in agreeing to enter into this agreement. I have read the release of liability and assumptions of risk agreement and fully understand its terms and that I have given up substantial rights by signing it and I sign it freely and voluntarily without inducement.