Terms & Conditions

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1. Eligibility

You must be at least 18 years old to purchase or participate in a Class independently.

A participant under 18 may participate only with the prior written consent and supervision of a parent or legal guardian. The parent or legal guardian must complete any required registration and waiver on the minor’s behalf.

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2. Nature of the Services

Group Classes and private sessions may be provided live through Zoom, as prerecorded content, or through another online service.

Services offered by Candice Bourgeois Yoga may include online yoga classes, yoga therapy sessions, educational workshops, movement assessments, breathing practices, meditation, relaxation techniques, myofascial release techniques, self-care education, and individualized therapeutic yoga practices (collectively, the "Services").

Yoga therapy is a client-centered process that applies yoga practices to support overall health and well-being. Yoga therapy is complementary to healthcare and is not a substitute for medical diagnosis, medical treatment, physical therapy, occupational therapy, psychotherapy, chiropractic care, or other licensed healthcare services.

Candice Bourgeois provides yoga therapy within the scope of professional yoga therapy practice and does not diagnose diseases, prescribe medications, perform medical procedures, or represent that any Service will cure, treat, or prevent any medical or mental health condition.

Participants remain responsible for obtaining appropriate medical care from their licensed healthcare providers.

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3. Health Disclaimer and Medical Responsibilities

Yoga involves physical activity that may present risks of injury.

You are responsible for determining whether you are physically and mentally able to participate safely.

By participating, you acknowledge and agree that:

• You are voluntarily participating at your own risk.

• You are physically able to participate in yoga activities.

• You will stop immediately if you experience pain, dizziness, faintness, shortness of breath beyond ordinary exertion, numbness, chest discomfort, or other unusual symptoms. You will eek appropriate medical attention and assistance when needed.

• You are responsible for consulting your physician before beginning any exercise program, particularly if you

  • Are pregnant or recently gave birth.

  • Have an injury, illness, disability, cardiovascular condition, balance issues, or other medical concerns.

  • Have been advised to restrict physical activity.

  • Are uncertain whether yoga, meditation, or breathwork is appropriate for you.

• You will disclose relevant information, including any limiting circumstances, to the instructor before class where reasonably necessary for safety.

• You are responsible for your practice space and environment.

• Instructor cannot diagnose conditions or determine whether a movement is medically appropriate for you.

• You understand that yoga therapy recommendations are not intended to replace medical evaluation, diagnosis, or treatment by a licensed healthcare provider.

 No information provided during classes should be considered medical advice.

 

4. Yoga Therapy Services

For participants receiving individual or group yoga therapy services:

1. Yoga therapy is an educational and wellness service intended to support self-awareness, movement, breathing, relaxation, and functional well-being.

2. Recommendations are based on information voluntarily provided by the participant and may include individualized movement practices, breathing techniques, relaxation methods, lifestyle education, and home practice suggestions.

3. Participants agree to provide accurate and complete information regarding relevant health conditions, medications, injuries, surgeries, pregnancy status, and other factors that may affect participation.

4. Participants understand that yoga therapy is collaborative and that they remain responsible for deciding whether to follow any recommendations provided during or after a session.

5. Participants agree to notify Candice Bourgeois promptly of any significant changes in their health status that may affect participation.

6. Yoga therapy does not establish a physician-patient, psychologist-patient, physical therapist-patient, or other licensed healthcare provider relationship.

    7.  No guarantees are made regarding specific physical, emotional, psychological, or therapeutic outcomes. Individual results vary.

    8.  Participants are encouraged to maintain appropriate medical care and to consult their healthcare providers regarding any diagnosis, treatment, medications, or medical concerns.

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5. Assumption of Risk 

To the fullest extent permitted by California law, you knowingly and voluntarily assume all risks associated with participating in online yoga classes, including risks arising from your own movements, equipment, physical condition, and practice environment.

Yoga and related activities involve inherent and other risks, including strains, sprains, falls, fractures, aggravation of existing conditions, emotional discomfort, dizziness, hyperventilation, and in rare cases, serious injury or death.

Online participation creates additional risks because the instructor/therapist

              May not be able to see your full body, technique or surroundings.

              Cannot physically assist you or provide emergency aid.

              May not notice an unsafe movement, condition, or environmental hazard.

              Must rely on the information you provide.

 

6. Release and Waiver of Liability

To the fullest extent permitted by California law, you release and discharge Candice Bourgeois Yoga, its owners, instructors, employees, contractors, agents, successors and affiliates (collectively, the “Released Parties”) from claims arising from ordinary negligence in connection with your voluntary participation in the Classes, including personal injury, illness, death, or property damage.

This release does not apply where prohibited by law and does not waive claims that cannot legally be waived, including claims arising from fraud, gross negligence, reckless conduct, or intentional misconduct.

You understand that you are solely responsible for ensuring your exercise space is safe, free from hazards, and suitable for physical activity.

You understand that this section affects legal rights and that you should seek independent legal advice if you do not understand it.

Participant initials or separate affirmative checkbox _______

I have read and agree to the Assumption of Risk and Release and Waiver of Liability provisions.

The participant understands that any recommendations provided during yoga therapy are educational and wellness oriented. The participant accepts full responsibility for all decisions regarding whether and how to implement those recommendations and assumes all associated risks to the fullest extent permitted by California law.

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7. Emergency Situations

The instructor cannot provide emergency care remotely.  If you experience an emergency, stop participating immediately and seek appropriate medical attention or call the appropriate local emergency services.

For live Classes, you may be asked to provide your physical location and an emergency contact.  Such information will be used only for safety, administration, and other purposes described in the Privacy Policy.

 

8. Online Classes, Safety and Security

You agree to provide accurate registration and payment information.

Access links, passwords, recordings, and account credentials are personal to you and may not be shared, sold, published or distributed. You are responsible for activity conducted through your account unless caused by a security failure under the control of Candice Bourgeois Yoga.

Participants are responsible for the following and agree to

• Use a stable device and have a reliable internet connection.

• Practice in a well-lit area with enough unobstructed space.

• Remove furniture, pets, cords, rugs and other hazards to ensure a safe movement space.

• Use safe, suitable, and properly maintained equipment

• Wear clothing that permits safe movement.

• Keep water and any medically necessary items accessible.

• Work within your limits.

• Avoid attempting a pose or exercise that feels unsafe or inappropriate.

• Arrange appropriate supervision or assistance if your condition requires it.

 

You remain responsible for your surroundings and technical setup. Candice Bourgeois Yoga is not responsible for interruptions, delays, or safety problems caused by internet outages, equipment failures, third-party platforms, or home environment. 

9. Fees and Payments

All fees are displayed before purchase and are payable in U.S. dollars through Wix Payments. Applicable taxes will be added where required.

Unless expressly stated otherwise, access begins after payment is confirmed. You authorize the disclosed charge at checkout. Any recurring subscription requires your affirmative consent to the price, billing frequency, and renewal terms presented at purchase.

Prices may change without prior notice but will not affect purchases already completed.

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10. Cancellations, Refunds, and Rescheduling

For live group Classes:

• Class cancellations by participants made at least 24 hours before the scheduled class may be eligible for rescheduling or a class credit.

• No-show or late cancellations are non-refundable.

• If Candice Bourgeois Yoga cancels a Class, participants may receive a replacement class, account credit, or refund at our discretion.

For private sessions:

• Sessions may be rescheduled without charge with at least 24 hours’ notice

• No-show or late cancellation are charged the full session fee, except where otherwise required by law.

For prerecorded content and subscriptions, the refund and cancellation terms displayed at checkout apply. Nothing in this section limits any nonwaivable California consumer right.

Packages are non-transferable unless otherwise stated.

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11. Technology and Third-Party Platforms

Classes may depend on third-party platforms such as Zoom, Vimeo, YouTube  or a payment processor. Their separate terms and privacy practices may apply.

Candice Bourgeois Yoga does not guarantee uninterrupted, error-free, or universally compatible access. If a technical failure under its reasonable control prevents delivery, the remedy will be rescheduling, replacement access, a class credit or a refund, as appropriate.

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12. Class Recordings, Camera, and Privacy

When live classes are recorded, participants will be informed in advance.

By participating in a recorded class, you consent to the possibility that your image, voice, or name may appear unless you keep your camera and microphone turned off where permitted.

For private sessions, participants agree to keep cameras on, so that instructors can observe and guide participants’ movements.  Camera use does not guarantee that the instructor can identify or correct unsafe movement.

You may not photograph, screen-record, record audio or video, livestream, or distribute any portion of a Class without prior written permission. A separate, optional release must be obtained before using a participant’s name, image, voice, testimonial, or likeness for advertising. Acceptance of promotional use should not be a condition of taking the Class unless genuinely necessary and clearly disclosed.

Personal and health-related information will be handled under the Candice Bourgeois Privacy Policy, available at www.candicebyoga.com. We take reasonable measures to protect your information but cannot guarantee the security of internet communications

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13. Participant Conduct

You must behave respectfully and may not harass participants or instructors, disrupt a Class, share unlawful or offensive material. Impersonate another person, or compromise the platform’s security.

Candice Bourgeois Yoga reserves the right to remove or suspend any participant whose behavior is unsafe, abusive, unlawful, materially disruptive or inappropriate conduct without refund, as determined by applicable law.

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14. Intellectual Property

All videos, class sequences, written materials, graphics, recordings, branding, instructional methods and other content are owned by or licensed to Candice Bourgeois Yoga and are protected by intellectual property laws.

You receive a limited, personal, nonexclusive, nontransferable, and revocable right to access purchased content for your own noncommercial use during the stated access period. You may not share class links, reproduce, modify, teach from, resell, distribute, publicly perform, upload, or create derivative commercial materials from the content without written permission.

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15. Disclaimer of Warranties

To the fullest extent permitted by law, the Classes and content are provided “as is” and “as available.” No particular fitness, health, therapeutic, emotional, or other result is promised.

Nothing is these Terms excludes warranties or consumer protections that cannot lawfully be excluded.

 

16. California Consumer Rights

California residents may have additional rights under applicable California privacy and consumer protection laws. Nothing in these Terms limits any rights that cannot legally be waived.

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17. Limitation of Liability

To the maximum extent permitted by law, Candice Bourgeois Yoga will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from the Classes, platform interruptions, or inability to access content.

To the maximum extent permitted by law, our total liability for any claim arising from these services shall not exceed the amount paid by you for the applicable Class or session giving rise to the claim during the 3 months before the event.

Nothing in these Terms limits liability where such limitation is prohibited under California law.

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18. Indemnification

To the extent permitted by law, you agree to indemnify and hold the Released Parties harmless from third-party claims arising from your unlawful conduct, unauthorized distribution of content, violation of another person’s rights, or material breach of these Terms.

This provision does not require you to indemnify a Released Party for that party’s unlawful conduct, gross negligence, or intentional misconduct.

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19. Changes to Terms

Candice Bourgeois Yoga may update these Terms from time to time for legal, operational, or service-related reasons. Updated Terms become effective upon posting on our website or notifying participants.

Material changes will be communicated where required and will not retroactively alter a completed purchase without your consent unless permitted by law.

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20. Governing Law and Disputes

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

Before filing a lawsuit, the parties agree to attempt in good faith to resolve the dispute by written notice sent to candice.b.yoga@gmail.com.  Any legal proceeding that is not resolved informally will be brought in a court of competent jurisdiction in Orange County, California, unless applicable consumer law permits or requires a different forum.

Any disputes shall be resolved in the state or federal courts located in California, unless otherwise required by applicable law.

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21. Severability and Entire Agreement

If a provision is found unenforceable, it will be enforced to the maximum extent permitted or severed, and the remaining provisions will continue in effect.

These Terms, the Privacy Policy, the checkout disclosures, and any separately signed waiver constitute the agreement concerning the Classes.  If a separate signed waiver conflicts with these Terms regarding assumption of risk or release, the more specific waiver controls to the extent permitted by law.

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22. Electronic Acceptance

By checking the acceptance box or signing electronically, you confirm that

              You have had an opportunity to read these Terms.

              You understand the health risks and online limitations.

              You voluntarily choose to participate.

              You agree to the Assumption of Risk and Release provisions.

              You are legally authorized to enter into this agreement.

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23. Contact Information

Candice Bourgeois Yoga

Email: candice.b.yoga@gmail.com

Phone: 1-801-635-7385

Website: candicebyoga.com

By registering for or participating in our online yoga classes, you acknowledge that you have read, understood, and agree to these Terms & Conditions.