TERMS AND CONDITIONS / WAIVER AND RELEASE OF LIABILITY
WAIVER AND RELEASE OF LIABILITY
Express assumption of risk: I, the undersigned that there are significant risks involved in physical training, including physical training inherent to all yoga exercise activities, and that my participation in any such physical training through Ritual San Francisco, Inc carries with it risks. The risks which can result in serious injury or death include, but are not limited to, falls; negligence on the part of myself, my training partner, or other people around me; improper use or failure of equipment; broken bones, strains and sprains; those risks caused by the facility or terrain, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga session with Ritual San Francisco, Inc (“Ritual”). I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
Release: In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release Ritual and the hosting organization, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees.
Ritual Communications: By clicking the button (e-signing) when signing up for an account and providing my contact information, including but not limited to a phone number and email and social media handles, I grant Ritual the right to send me promotional and informational communications.
Miscellaneous: If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Ritual and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. The laws of the state of California shall govern this agreement without reference to its principles of conflicts of law) and venue for any court proceeding shall be in the county of San Francisco, CA and any right to jury trial shall be waived. I agree that my sole remedy for any dispute, whether in contract, tort, or otherwise, with Ritual is to submit to binding arbitration with an arbitrator within six months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations. In the event of arbitration, I will pay half of the costs of the arbitrator and other costs of arbitration, and I will be responsible for all of the costs for my own legal counsel.
I HAVE READ AND UNDERSTOOD THE FOREGOING ASSUMPTION OF RISK, AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING (CLICKING THE BUTTON WHEN SIGNING UP FOR AN ACCOUNT) IT I AM OBLIGATED TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION.
I understand that by clicking the button when signing up for an account on this form, I am waiving valuable legal rights.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19: The novel coronavirus, COVID-19, had been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Ritual Hot Yoga has put in place preventative measures to reduce the spread of COVID-19 however, Ritual Hot Yoga and its employees cannot guarantee that you will not become infected with COVID-19. Further, attending Ritual Hot Yoga could increase your risk and the people you have contact with of contracting COVID-19.
By signing (clicking the box /e-signing) on this agreement, I undersigned acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending Ritual Hot Yoga and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Ritual Hot Yoga may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Ritual Hot Yoga employees, clients and class participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance and participation in classes and private sessions at Ritual Hot Yoga. I hereby release, covenant not to sue, discharge, and hold harmless Ritual Hot Yoga, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Ritual Hot Yoga, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Ritual Hot Yoga program. I voluntarily agree to forgo participation and attendance at Ritual Hot Yoga if I have any of the following confirmed COVID-19 symptoms: · Cough · Shortness of breath or difficulty breathing · Fever · Chills · Muscle pain · Sore throat · New loss of taste or smell This list is not all possible symptoms. Other less common symptoms have been reported, including gastrointestinal symptoms like nausea, vomiting, or diarrhea. I voluntarily agree to notify and inform Ritual Hot Yoga management if I have tested positive for COVID-19 after attending and participating in class at Ritual Hot Yoga. I acknowledge that my identity will remain confidential after notifying Lindsey Kaalberg, CEO of Ritual Hot Yoga of a positive COVID-19 test.
What personal information do we collect?
When ordering or registering, or filling out a form on our site, as appropriate, you may be asked to enter your name, email address, phone number, City/State/ZIP Code or other details to help you with your experience.
We collect information from you when you fill out a form or enter information on our site.
We may use the information we collect from you when you register, provide your email address or phone number or any other contact information, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To contact you regarding scheduling, class reminders, promotions, specials, or in other ways related to Ritual Hot Yoga
- To provide to third parties that may contact you on behalf, in connection with Ritual Hot Yoga
- To administer a contest, promotion, survey or other site feature
- To send periodic emails regarding your order or other products and services
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
- Understand and save user’s preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
We do not include or offer third party products or services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
- Users can visit our site anonymously
- Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website
- Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above
- Users will be notified of any privacy policy changes:
- On our Privacy Policy Page
- Users are able to change their personal information:
- By emailing us or changing it through their profile settings
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
- We will notify the users via in site notification • Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them.
We collect your email address in order to:
- Send information, promotions, marketing information, business information, respond to inquiries, and/or other requests or questions
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
- Share your information with our third party provides to market our business to you
To be in accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email If at any time you would like to unsubscribe from receiving future emails, you can email us
- Follow the instructions at the bottom of each email. and we will promptly remove you from ALL correspondence
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below:
Ritual Franchising Company, LLC
1100 N Lake Shore Dr Unit 19C
Chicago, IL 60611
United States
Phone: 319-431-7399
