Terms of Service

Scope of Practice Notice

Francesca Michelle Gold, The company, Namenah Yoga Therapy dba Breathe Ojai, (hereafter called the company) respects your privacy and will never share your information with anyone. Yoga instruction and Ayurveda is not intended to diagnose or cure chronic imbalances or ailments. A private session or course is not meant to treat or cure and disease or chronic ailment. Each private yoga or ayurvedic therapy session serves as a complementary therapy to treat existing treatment plans or medical recommendations.

Private 1:1 sessions pay full session price if cancelled within 24 hours.

Cancellation for Clients (does not include online courses)

Full payment for all sessions is required prior to participation in the class. Payment for classes are non refundable and non transferrable. All sessions are 100% non-refundable, non-extendable, and non-transferable. In case of extreme (death, serious bodily injury) emergency, a $50 processing fee will apply and will not be refunded to the client. Please note that private class cancellations require 48-hour notice or full fee will be due. When booking, we require a deposit to hold your appointment.

Refund of Online Courses/Guided Audios

No refunds are available for material purchased online.

The Fine Print

Acceptance of Terms

This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our Website) or you are a "Member" (which means that you have registered on our Website as a user); Visitors and Members are referred to in this Agreement as “Users”. If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

Your Privacy

The company follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. We utilize the Personal Data you offer in a way that is consistent with this Personal privacy Policy. If you provide Personal Data for a particular reason, we could make use of the Personal Data in connection with the reason for which it was provided. For example, registration info sent when developing your account, might be used to assist suggest products to you based on past acquisitions. We might use your Personal Data to offer access to services on the Website and monitor your use of such services. The company may also utilize your Personal Data and various other personally non-identifiable info gathered through the Website to assist us improve the material and functionality of the Website, to much better comprehend our users, and to improve our services. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.

"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

Information We Collect

Generally, you control the amount and type of information you provide to us when using our Website. As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.

Computer Information Collected

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:

Cookies. Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.
Geographical Information. When you use the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display information with relevant data or advertisements. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
Automatic Information. We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
Log Data. Like many Website operators, we collect information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Under the Child's Online Privacy Security Act, no Website operator can require, as a condition to involvement in an activity, that a child younger than 13 years of age divulge more details than is reasonably required. The company abides by this demand. The company, The company just collects information willingly offered; no information is gathered passively. children under 13 can submit only their email address when sending us an email in our "Contact Us" area. The company makes use of the e-mail address to respond to a one-time demand from a child under 13 and afterwards deletes the e-mail address. In case of the company collects and maintains personal information relating to a child under 13, the parent may send out an email to us to review, alter and/or erase such info as well as to decline to enable any additional collection or use of the child's information.

How We Use Your Information

We use the information we receive from you as follows:

Customizing Our Website. We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website.
Sharing Information with Affiliates and Other Third Parties. We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
Data Aggregation. We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
Legally Required Releases of Information. We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of The company, our Users, employees, and affiliates.

Opt-Out

We offer you the chance to "opt-out" of having your personally identifiable information used for particular functions, when we ask you for this detail. When you register for the Site, if you do not want to receive any additional material or notifications from us, you can show your preference on our registration form.

Links to Other Websites

Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We utilize practical protection measures to safeguard against the loss, abuse, and modification of the individual Data under our control. Personal Data is kept in a secured database and always sent out by means of an encrypted SSL method when supported by your web browser. No Web or e-mail transmission is ever totally protected or mistake cost-free. For example, email sent out to or from the Website may not be protected. You must take unique care in deciding what info you send to us by means of e-mail.

We reserve the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

Questions About Our Privacy Practices or This Privacy Policy

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our Privacy Practices or this Policy, please contact us.

Health and Safety Disclaimer

Always seek the advice of your physician or other qualified health professional before starting or changing any yoga program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this site or in any of the Material available. This Site is not intended to provide medical advice or make medical diagnoses. The Material on this Site may not be tailored to match your energy, health, or yoga fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. The Material available on this Site involves rigorous exercise and poses. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn't inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for two hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Material contained hereon. By remaining on this Site and/or accessing and/or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all the yoga services have been fairly described. However, when ordering products or services through the Website, please note that: orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error; all prices are displayed in USD unless expressly indicated otherwise; packaging may vary from that shown on the Website; any weights, dimensions, and capacities shown on the Website are approximate only; and all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Participant Liability and Release Waiver

By voluntarily participating in any the company class, training, workshop, retreat, or other service you agree to the participant terms of this agreement including the acknowledgements below:

As a participant in yoga classes, programs, workshops, online materials, and events offered by the company during which you will receive information and suggestions about the company, health, and fitness; you recognize that the activities you participate in at the company require physical exertion which may be strenuous and may cause aggravated physical injury, and you are fully aware of and willingly assume the risk and hazards involved.
You understand that it is your sole responsibility to consult with a physician prior to your participation in any of the classes, programs, workshops, online materials, and events at the company. You represent and warrant that you are physically fit and have no medical condition which would prevent your full participation in these activities.
In consideration of being permitted to participate in any of the classes, programs, workshops, and events at the company, you agree to assume full responsibility for any risk, injuries, or damages, known or unknown, which you might incur as a result of participation in the activity. You agree to inform your instructors of any physical limitations, discomfort and or injuries before or during classes and you take full responsibility for your own actions and your own limitations.
In further consideration of being permitted to participate in any of the classes, programs, workshops, and events at the company, you knowingly, voluntarily and expressly waive, renounce and disclaim any claim you have or may have against The company, its instructors, contractors, directors, partners, owners, and employees for loss, theft or damage of any personal property from the company, premises, for injuries or damages that you may sustain within the company, facility, and/or for injuries or damages that you may sustain as a result of participating in the classes, programs, workshops, and events at, the company. You forever release, waive, discharge, and covenant not to sue the company for any injury or death caused by their negligence or other acts that are not intended to harm you.

Medical Disclaimer

The scope of services provided is limited to all clients to the scope of credentialed expertise. The company provides yoga therapy instruction, as defined by the Samata Institute and International Association of Yoga Therapists, and alternative lifestyle consulting services. Although all clients will work only with experienced yoga teachers, yoga therapy is best used as a complement and in conjunction to traditional medical practices.

The company will provide recommendations and referrals to third party health and wellness providers, within the discretion of their professional judgment. However, it is ultimately the responsibility of the client to self-identify when third party care is required and when, where, and how provided. The company disclaims all liability for such cases referred to third parties.

Ethical Responsibilities

The company voluntarily abides by the recommended levels of competencies, training, and ethics and standards of behavior set forth by Yoga Alliance and the International Association of Yoga Therapists. Please see www.iayt.org and http://www.yogaalliance.org/ for more information on credentialing for yoga therapists and yoga instructors.