2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
WAIVER OF LIABILITY AND RELEASE AGREEMENT
The Modern Improvement Club, Inc. (dba The Modern Improvement Club)(‘The Modern’)( The Modern on Teachable.com) owns the content on this section of this website. This document governs your relationship with The Modern on Teachable.com. Access to and use of this section of this website and the products and services available through this section of this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Section of this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this section of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our offerings on this website.
The intellectual property rights in all software and content (including photographic images) made available to you on or through The Modern on Teachable.com remains the property of The Modern, and are protected by copyright laws and treaties around the world. All such rights are reserved by The Modern. You may access the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this The Modern on Teachable.com nor may you use any such content in connection with any business or commercial enterprise.
In consideration of participation in The Modern Improvement Club, Inc. (dba The Modern Improvement Club)(‘The Modern’)( The Modern on Teachable.com) hot yoga, yoga, fitness classes, programs, group or personal training, activities, workshops, teacher training, wellness, diet, weight loss counseling, supplements, and healing arts activities (collectively the “Activities”) You (the ‘Client’) agrees to pay any and all fees charged by The Modern for these Activities and enter into this Waiver of Liability and Release Agreement (the “Agreement”), covering the entirety of their participation in the Activities, whether held at The Modern’s facility located at 180 Michael Drive, #101, Syosset, NY 11791, online, or at any other location, Client agrees, warrants, and covenants as follows:
1. Client acknowledges that they are aware of the inherent risks to their person (including the risk of significant injuries or death) or property through their participation in the Activities. Client understands that the risks associated with the Activities can result in falls, broken bones, torn muscles or ligaments, heart attacks, seizures, dehydration leading to nausea or vomiting, general illness, and other similar injuries including, but not limited to, injuries that can lead to disability, paralysis, and possibly death. These injuries may arise from a variety of circumstances including, but not limited to, the use or misuse of The Modern’s equipment or facilities, from the activity itself, from the acts of Client or others (including The Modern or its agents), or from the unavailability of emergency medical care. The Client further understands that they will be participating in the Activities in an enclosed space and contact with others or with man-made or natural obstacles is likely to occur.
2. Releases and Waivers of Liability. Client agrees, on their own behalf and on behalf of Client’s beneficiaries, heirs, estate, successors, and assigns, to indemnify, hold harmless, and fully release The Modern, and its owners, managers, members, employees, instructors, agents, volunteers, assigns, or insurers (collectively the “Released Parties”) against any lawsuits, demands, claims (including, but not limited to, tort or contractual claims), costs, or expenses (including attorneys’ fees and legal costs) arising from or in any manner related to this Agreement, Client’s participation in the Activities, or Client’s relationship with The Modern (including, but not limited to, claims related to damage or loss of property, bodily injuries, medical treatment, or death) (collectively, the “Released Claims”), whether or not those Released Claims are foreseeable or contributed to by the negligent acts or omissions of the Released Parties or others. Client also waives any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release will not extend to claims, material or otherwise, that the Client giving the release does not know or suspect to exist at the time they signed the release. Client acknowledges and understands that the Released Parties make no representations or warranties, express or implied, regarding the activities and agrees that the Released Parties will not, under any circumstance, be liable for consequential, indirect, general, special, or similar damages arising out of any injury suffered by client through their participation in the activities. Client further understands that this release covers claims based on The Modern’s own negligence, all tort claims, and any other claim against The Modern whatsoever.
3. Medical Verification and Agreement to Withdraw if Necessary. Client acknowledges that Client’s medical doctor has verified their physical condition and advised Client that they are medically able to participate in the Activities. Client acknowledges that the Activities may involve extreme physical exertion and endurance and that Client will monitor themselves throughout the Activities and will withdraw from the Activities if Client believes that continuing will present a risk of injury to Client or others. Client agrees to seek immediate assistance if they feel ill or sick in any way.
4. Agreement to Follow Instructions. Client agrees to follow all instructions given to them by The Modern’s staff and instructors as to when, where, and how to perform the Activities and it is understood that any deviation by Client from such instruction is at their own risk.
5. Client agrees that they assume all liability for all medical expenses incurred as a result of training for, participation in, or injuries suffered during the Activities, including, but not limited to, ambulance transport, hospital stays, and physician and pharmaceutical goods and services.
6. Damage to Property. Client agrees to accept monetary responsibility for damage caused to their own property or the property of others.
7. Client Payments. All fees paid by the Client to The Modern are non-refundable.
8. Entire Agreement; No Modification. This Agreement constitutes the entire agreement related to the subject matter discussed and supersedes any prior or contemporaneous agreements or understandings with respect to the subject matter discussed. This Agreement may not be amended or modified, by course of conduct or otherwise.
9. Governing Law. This Agreement, and any claim or controversy arising out of or relating to this Agreement, the Activities, or the Client’s relationship with The Modern, are governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law principles.
10. Disputes. Any demand, controversy, dispute, or claim arising out of or related to this Agreement, the Activities, or the Client’s relationship with The Modern will be determined exclusively by binding arbitration before a single arbitrator to be held in Nassau County, NY, before the American Arbitration Association (the “AAA”) upon the written request of any party. The arbitration will be conducted in accordance with the AAA rules then in effect, and the AAA will appoint the arbitrator. Any party seeking to invoke the provisions of this Section will transmit a written demand for arbitration to the other party (the "Written Demand"). The Written Demand will set forth the nature of the dispute, the amount involved, and the remedy sought. The arbitrator will have the authority to set the nature and scope of discovery. The decision of the arbitrator will contain a written statement of reasons and support. The decision of the arbitrator will be final and may be entered in any court of competent jurisdiction for enforcement. Under no circumstances may the arbitrator amend any provision of this Agreement or make any award of punitive damages. The arbitrator will apply New York law to any dispute consistent with Section 9 above. Client acknowledges and understands that in agreeing to the arbitration of all disputes with The Modern as set forth in this agreement, they are waiving any right to a trial or trial by jury.
12. Severability. In the event that any term or provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, all other terms and provisions of the Agreement will nevertheless remain in full force and effect, so long as the economic or legal substance of the transactions contemplated by the Agreement are not affected in any manner that is materially adverse to any party. Upon such determination that any term or other provision of the Agreement is illegal, unenforceable, or void, the parties will negotiate in good faith to modify the Agreement so as to affect the original intent of the parties as closely as possible so that the transactions contemplated hereby are consummated as contemplated to the greatest extent possible.
13. Interpretation. When permitted by the context, each pronoun used in the Agreement includes the same noun in other numbers. As used in the Agreement, the words “include” and “including” and their variants will not be deemed to be terms of limitation but will instead be deemed to be followed by the words “without limitation.”
14. Notices. All notices, consents, waivers, and other communications required or permitted by the Agreement will be in writing and will be deemed given to a party when: (a) delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (b) sent by email with confirmation of transmission by the transmitting equipment; or (c) received or rejected by the addressee, if sent by certified mail, return receipt requested, in each case to the addresses or email addresses set forth in this Agreement and marked to the attention of the person (by name or title) designated herein (or to such other address, email address, or person as a party may designate by notice to the other parties).
16. Waiver of Terms. Waiver of any term or provision of this Agreement or forbearance to enforce any term or provision by either party will not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision of this Agreement.
17. Binding Nature of Agreement. This Agreement is binding on and inures to the benefit of the parties and their parents, subsidiaries, affiliates, officers, directors, managers, members, employees, agents, attorneys, successors, assigns, heirs, beneficiaries, personal t, and insurers.
18. Parent or Guardian Certification. Client under age eighteen (18) are not permitted to participate in these classes or courses without the express consent of a parent or legal guardian. Parent or Guardian’s consents that Client’s son/daughter/ward has permission to participate in the Activities. Client’s Parent/Guardian has read and understands this Agreement and by signing intentionally and voluntarily agrees to its terms and conditions. Client’s Parent/Guardian further certifies that such son/daughter/ward is in good physical condition and can safely participate in the Activities. Client’s Parent/Guardian authorizes emergency medical treatment for such son/daughter/ward.
Client warrants that all statements made in this Agreement are true and correct and understands that the Released Parties have relied on them in allowing Client to participate in the Activities. CLIENT HAS READ THE AGREEMENT CAREFULLY AND INTENTIONALLY AND VOLUNTARILY SIGNS THE AGREEMENT. CLIENT AGREES THAT THEY ARE ASSUMING THE RISK OF THE ACTIVITIES AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES WHATSOEVER IN CONNECTION WITH CLIENT’S PARTICIPATION IN ACTIVITIES.