1. AGREEMENT FOR THE PROVISION OF TEACHING SERVICES

1.1 These Terms and Conditions, together with the description of the class, training course or workshop (hereinafter referred to as “Course” or “Courses”) as applicable, organized by Nikola (Nik) Sarac and provided through the thirdvoice.yoga website, shall form the Agreement for the Provision of Teaching Services (hereinafter referred to as “Agreement”) between the student and Third Voice, LLC.

2. WAIVER AND RELEASE OF LIABLITY

2.1 By attending a Course through Third Voice Yoga, I hereby agree to the following: I recognize that I must be in good physical and mental health to participate in the Course(s). I understand that the Courses require physical exertion and I represent and warrant that I am physically fit and I have no medical condition which would prevent my full participation in the Courses. I am aware that participation could, in some circumstances, result in physical illness or injury such as changes in blood pressure and heartbeat, fainting, and potentially heart attack. I also understand that I could experience muscle, back, or bone injuries during the Courses. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. 

2.2 I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Courses and to follow my physician’s advice.

2.3 I understand that it is my continuing responsibility to inform Third Voice Yoga of any previous medical conditions, injuries or surgeries prior to my first class and any future changes to my medical conditions. I understand that Third Voice Yoga reserves the right in its absolute discretion to refuse my participation in any Course on medical or fitness grounds.

2.4 In consideration of being permitted to participate in the Courses, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Courses.

2.5 In further consideration of being permitted to participate in the Courses, I knowingly, voluntarily and expressly waive any “Claims” (as described below) I may have against Third Voice Yoga, its owners, members, employees, and/or its instructors, teachers, volunteer staff, and/or independent contractors (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Courses even if the Claim arises from the carelessness or negligence of any Released Party or anyone else.

I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. “Claims” include, but are not limited to, any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my children may suffer or that my unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

I, my heirs or legal representatives forever release, waive and discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.

2.6 I acknowledge that I have carefully read this release and waiver of liability and fully understand its contents. I voluntarily and knowingly agree to the Terms of Service stated herein. I am aware that by attending any Courses(s) with Third Voice Yoga and/or signing this release and waiver of liability, I am giving up substantial rights, including my right to sue and certain legal rights of my heirs, next of kin, executors, administrators and assigns may have against any Released Party.

3. CANCELLATION/REFUND POLICY

3.1 CLASSES: If you are unable to attend a class for whatever reason, you may cancel up to 24 hours in advance for a full refund. In the event of tardiness to class, the class will not be extended to make up for the lost time. Please ensure that you have downloaded all relevant programs and have adequate bandwidth to live stream the class prior to the start of the class.

3.2 WORKSHOPS: If you cannot attend the workshop for whatever reason, you may cancel two weeks prior to the start of the workshop. There is a 50% retention fee should you cancel one week prior to the start of the workshop. After that time no refunds will be issues. We will not provide refunds for any missed classes during the course of the workshop. Since the dates are scheduled in advanced, we leave it at your discretion to adjust or plan around your schedule accordingly. We will provide no make-ups for any missed classes or workshops for any reason.

4. UNFORESEEN CIRCUMSTANCES

4.1 Third Voice Yoga does not take responsibility for any technical difficulties or issues due to the connection, bandwidth, or any software or hardware malfunction. Refunds will be given to all participants only if the Instructor is unable to participate, and/or the Instructor has technical difficulties resulting in the inability to instruct the class.

4.2 Third Voice Yoga fully intends to deliver the Courses as advertised; however, in the event of unforeseen circumstances or factors outside the organizer’s control, such as, but not limited to factors affecting availability of tutor or venue, Third Voice Yoga reserves the right to alter – by providing a reasonably close alternative – the venue, dates, content, tutors or format of the course, while using best endeavors to maintain the intended material and style as far as possible. No refunds will be given under any such circumstances.

4.3 For the avoidance of doubt, in view of the COVID-19 or similar ensuing pandemic, Third Voice Yoga reserves the right to – without notice – transfer any in-person course online and the provision of the course content online shall be considered to be an effective discharge of the obligations of Third Voice Yoga under this Agreement. No refunds shall be given should Third Voice YOga transfer any in-person courses online.

5. FORCE MAJEURE

5.1 Third Voice Yoga shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including, without limitation acts of God, natural disasters, epidemics or pandemics, quarantine, restriction of international travel, terrorist attacks, war, fire, explosion or accident, interruption or failure of utility service.

5.2 In such circumstances, Third Voice Yoga shall use its reasonable endeavors to create alternatives to the Course(s) as is possible in the circumstances; however, if this is not possible, Third Voice Yoga shall not be obliged to make any refunds and shall not be liable for any ancillary losses that the students may incur as a result of the course cancellation.

6. INTELLECTUAL PROPERTY

6.1 All materials provided during a Course are for the student’s personal use and must not be shared, made public or otherwise disseminated.

6.2 The student acknowledges and agrees that all copyright, trademarks, and all other intellectual property rights in all material or content provided as part of the Courses shall remain at all times vested in Nikola Sarac and Third Voice Yoga. The students are permitted to use this material for educational purposes only.

6.3 The student grants Devotion Trading Limited a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use (including but not limited to publishing, exploiting, and modifying) any material the student emails, posts, or submits to Third Voice Yoga for the purposes of their studies.

7. PHOTOGRAPHY AND RECORDING

7.1 I hereby understand that Third Voice Yoga, from time to time, may photograph or video classes or training events and place such photographs and videos on its Website or use for other marketing materials. I hereby consent to the use of my image that may appear in any such photographs or videos, and waive any rights of ownership or compensation for use of my image that Third Voice Yoga may use a promotional materials.

8. EQUAL OPPORTUNITY STATEMENT

8.1 Third Voice Yoga is actively anti-racist and anti-discriminatory and does not condone discrimination of any kind and believes that each individual has the right to be heard, seen, and respected. We value and actively engage with diversity of culture, race, religion, gender, age, sexuality and ability or disability.

9. CONFIDENTIALITY AND NON-DISCLOSURE

9.1 The student acknowledges that all course material, course content and disclosure made by the course tutors and other participants is confidential (hereinafter referred to as “Confidential Information”).  The student undertakes that they shall not disclose to any person any of the Confidential Information that they will have access to throughout the duration of the course.

9.2 This is especially important in view of the personal nature of the information other participants in the Course may share, the unauthorized disclosure of which may cause irreparable damage.