CHE YOGA LLC WEBSITE TERMS OF SERVICE AGREEMENT

This Che Yoga LLC Website Terms of Service Agreement (the “Terms”) apply to the web sites located at www.cheyoga.org and https://cheyogaonline.thinkific.com (collectively, the “Website”); the teaching services (collectively, the “Services”) provided or sold by Spiritual Living by Che or Che Yoga LLC (“Che Yoga”), and the information and data that you, your Agent, or End-User (the “Client”) submit to Che Yoga. By using the Website or Services or submitting information and data to Che Yoga, the Client agrees to these Terms; if the Client does not agree to these Terms, the Client must not use the Website or Services and the Client must not submit information or data. If the Client is entering into these Terms on behalf of a company, organization or another legal entity (“Entity”), the Client agrees to these Terms for that Entity and represents to Che Yoga that the Client has the authority to bind such Entity and its affiliates to these Terms; in which case the term “the Client” shall refer to such Entity and its affiliates. If the Client does not have such authority, or if the Client does not agree with these Terms, the Client must not accept these Terms and must not use the Website or Services or submit information and data to Che Yoga.

In its sole discretion, Che Yoga reserves the right to change, modify, alter, add or remove portions of these Terms, at any time. It is the Client’s responsibility to periodically check these Terms for changes and modifications. The Client’s continued use of the Website or Services following the modification and posting of these Terms is acceptance of the changes and modifications.

1) General Definitions:

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

“Agent” means an individual authorized to use Che Yoga's Website or Services as an agent or on behalf of the Client.

“Client” means you, your agents, end-users, or persons with the authority to act on behalf of a company, organization, or another legal entity to bind the company, organization, or legal entity.

“Client Data” means all written or electronic data, files, text, messages or other materials that the Client, the Agent, and End-users submit or transmit to Che Yoga in connection with the Client’s use of Che Yoga's Website or Services.

“Confidential Information” means all information disclosed by the Client to Che Yoga or by Che Yoga to the Client which consists of or relates to personally identifiable information and other matters that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Client Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party from a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

“Documentation” means any written or electronic documents, images, files, or text that Che Yoga makes available to the Client, Agents, or End-Users through the Website, electronic mail delivery, or otherwise.

“End-User” means any person or entity other than the Client or Agent who uses the Website or Services.

“Entity” means a company, organization or another legal entity.

“Form” or “Forms” means any written or electronic method used by Che Yoga to collect data or information from the Client in connection with the Client’s use of Che Yoga's Website or Services.

“Spiritual Living by Che”, “Che Yoga, LLC”, “Che Yoga” and “CheYogaOnline” means Che Yoga, LLC, the Maryland limited liability company organized under this name, or any of its successors or assignees.

“Service” or “Services” means any of the various full price, discounted, or fee-based online classes, courses, workshops, trainings, or other services provided by Che Yoga, LLC to the Client.

“Third Party Service” or “Third Party Services” means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which Che Yoga or the Website or domain utilizes or links to, or which the Client may connect to or enable in conjunction with the use of Che Yoga's Services or Website, including, without limitation, other services which may be integrated directly into the Website.

“Website” means the content found and services offered on the https://www.cheyoga.org or https://cheyogaonline.thinkific.com domains and all other domains owned or operated by Che Yoga LLC or its subsidiaries.

2) Website Use:

The Client understands, acknowledges and expressly agrees that:

The Client will not impersonate another person or submit inaccurate, false, or misleading Client Data through the Website.

All text, written materials, photographs, logos, and trademarks (“Intellectual Property”), on the Website are owned and controlled by Che Yoga and protected by trademark, copyright, and other intellectual property laws and unfair competition laws. The Client may not copy, reproduce, republish, post, publicly display, transmit or distribute any portion of the Website for the purpose of any commercial activity without Che Yoga's express prior written consent.

The Client may not obtain or attempt to obtain information, data, materials, or documents that Che Yoga or a Third Party Service has not purposely made available to the public through the Website.

The Client may not interfere or attempt to interfere with use of the Website, Website functions, or Third Party Services used on the Website.

The Client may not gain or attempt to gain unauthorized access to any portion of the Website or Third Party Service used on the Website.

The Client may not breach or attempt to breach the security measures of the Website or Third Party Service used on the Website for any purpose.

The Client may not use the Website or Intellectual Property for any prohibited or unlawful purposes.

3) Online Services:

A) Yoga Classes

The Client understands, acknowledges and expressly agrees that:

1) Class Description

Che Yoga’s classes involve discussion of basic yogic and/or ayurvedic philosophies, theories, and principles, breathing, mental, and physical exercises and activities which may provide an opportunity for mental and physical wellness.

2) Client Liability Release & Waiver:

Through this Agreement, Che Yoga intends to release itself, its officers, directors, employees, and instructors from the responsibilities of all claims, including claims resulting from their own negligence.

The Client is always free to refrain from any suggested exercises or activities at any time. The Client understands that, as is typical of any activity or exercise, there is always a risk of serious injury from these exercises and activities.

Che Yoga does not provide medical care, counseling, psychotherapy, psychiatric services, or any other type of physical or mental health care.

Yoga is not mental health counseling and yoga is not medical treatment and it is not a substitute for professional mental health or medical attention, examination, diagnosis, or treatment.  Yoga may not be recommended or safe for persons with certain mental and/or physical conditions.

Che Yoga strongly recommends that the Client consult with a licensed mental health provider and/or a licensed medical provider to approve mental and physical condition (including pregnancy) prior to the Client’s participation in yoga.  By entering into this Agreement, 1) Client affirms that a licensed mental health provider and/or a licensed medical provider has approved her/his mental and physical condition (including pregnancy) for participation in the Workshop or 2) Client affirms that she/he has decided not to receive approval from a licensed mental health provider and/or a licensed medical provider and Client wholly accepts the consequences of all such risks to herself/himself.

Che Yoga strongly recommends that, should the Client experience any stinging, tingling, numbness, or any type of pain while participating in the lesson or class, the Client immediately discontinue the activity.

Regardless of the recommendations provided by Che Yoga, the Client assumes full responsibility for participation in yoga and for any and all injuries and/or damages which may occur from using Che Yoga’s yoga services.

The Client is in the best position to assess anguish, pain, and limitations of the mind and body. The Client’s decision about whether to participate in any yoga exercise or activity is solely the Client’s decision to make and participation is always voluntary and at the Client’s own risk. The Client wholly accepts the consequences of all such risks.

The Client irrevocably releases and waives any and all claims, at present or in the future, against Che Yoga LLC. Should any dispute arise, the Client agrees to, first, attempt to resolve any dispute through a community mediation program that is mutually acceptable to Che Yoga LLC and the Client.

Che Yoga does not guarantee, promise, or warrant that the Client will obtain any specific results or outcomes as a result of the Services that Che Yoga delivers to the Client.

Che Yoga does not provide professional advice, such as legal advice or medical advice, despite the ability of any individual staff member’s ability to do so as a result of licensing.

Che Yoga may refer the Client to other companies or organizations that may be able to assist the Client. Che Yoga does not endorse or control these companies and organizations and Che Yoga is not responsible for any information, services, or goods provided by these companies or organizations. The Client must make an independent judgment about whether to work with these companies or organizations.

Client agrees not to sue or make any claim against Che Yoga, its officers, directors, employees, and instructors.  Further, Client hereby irrevocably releases, discharges, and waives any and all claims, including claims of negligence, that Client has now or may have in the future against Che Yoga, its officers, directors, employees, and instructors. Should any dispute arise, Client agrees to, first, attempt to resolve any dispute through a community mediation program that is mutually acceptable to Che Yoga, its officers, employees, directors, and instructors.

B) Workshops

The Client understands, acknowledges, and expressly agrees to the terms of this Participation Agreement (“Agreement”) with Che Yoga LLC dba Spiritual Living by Che (“Che Yoga”) in exchange for the opportunity to participate in this anti-racism and anti-oppression yoga workshop, entitled Spiritual Healing & Activism Online Workshop (“Workshop”).

1) Workshop Description:

The Workshop involves discussion of the following:  history, white supremacy, racism, oppression, yogic theories and principles, breathing exercises, mental exercises, physical exercises, and social practices.  Discussions of these topics provide a framework which may provide participants with an opportunity for improving insight, mindfulness, and contemplation of racist and oppressive perspectives, beliefs, habits, and practices and for making efforts to change these perspectives, belief, habits, and practices.

Che Yoga does not guarantee, promise, or warrant any specific results or outcomes as a result of participation in the Workshop.  Che Yoga does not provide professional advice, such as legal advice or medical advice, despite the ability of any individual staff member’s ability to do so as a result of licensing.

Che Yoga may refer participants to other companies or organizations that may be able to assist participants. Che Yoga does not endorse or control these individuals, companies, or organizations and Che Yoga is not responsible for any information, services, or goods provided by these companies or organizations. Participants must make an independent judgment about whether to work with these companies or organizations.

2) Client Liability Release & Waiver:

Through this Agreement, Che Yoga intends to release itself, its officers, directors, employees, and instructors from the responsibilities of all claims, including claims resulting from their own negligence.

Client agrees to behave in a respectful manner upon arrival, during participation, and upon departure of the Workshops.  If Che Yoga, in its sole discretion, determines and informs the Client that the Client has engaged in disrespectful, aggressive, or threatening behavior and must leave the Workshop, the Client agrees that Che Yoga may remove the Client from the Workshop or the Client will immediately exit the online forum where the Workshop is held.  Client agrees that she/he is not entitled to any refund of the deposit or fee paid for the Workshop if Che Yoga determines that the Client must leave the Workshop.

Client understands and acknowledges that she/he is always free to refrain from or end participation in any discussion, suggested activities, or practices at any time. Client understands that, as is typical of any discussion white supremacy, anti-Blackness, racism, oppression, and engagement in any mental or physical activity or exercise, there is always a risk of emotional, mental, and physical discomfort, offense, and/or serious injury from these activities and exercises.

Client understands and acknowledges that the Workshop is not mental health counseling and it is not medical treatment. Client acknowledges and understands that the Workshop is not a substitute for professional mental health or medical attention, examination, diagnosis, or treatment. Client understands and acknowledges that her/his medical and mental health providers may not recommend this Workshop if Client has or is undergoing treatment for certain mental and/or physical conditions. By entering into this Agreement, 1) Client affirms that a licensed mental health provider and/or a licensed medical provider has approved her/his mental and physical condition (including pregnancy) for participation in the Workshop or 2) Client affirms that she/he has decided not to receive approval from a licensed mental health provider and/or a licensed medical provider and Client wholly accepts the consequences of all such risks to herself/himself.

Client understands and acknowledges that she/he is in the best position to assess stress, tension, anguish, pain, and limitations in my emotions, mind, and body. Client acknowledges that the decision about whether to participate in any discussion, practices, activities, or exercises is solely her/his decision to make and her/his participation is always at Client’s own risk. Client wholly accepts the consequences of all such risks to herself/himself.

If Client experiences any pain or discomfort during my participation the Workshop, Client will immediately discontinue the activity and inform Che Yoga and the instructor of such.  Regardless of any discussion, suggestions, support, or negligence by Che Yoga or its instructors, Client agrees to assume full responsibility for her/his participation in the Workshop and for all known or unknown risks from all sources, injuries, and/or damages, including damage to reputation or permanent disability or death, which Client might sustain as a result of my participation in the Workshop.

Che Yoga may refer the Client to other companies or organizations that may be able to assist the Client. Che Yoga does not endorse or control these companies and organizations and Che Yoga is not responsible for any information, services, or goods provided by these companies or organizations. The Client must make an independent judgment about whether to work with these companies or organizations.

Client agrees not to sue or make any claim against Che Yoga, its officers, directors, employees, and instructors.  Further, Client hereby irrevocably releases, discharges, and waives any and all claims, including claims of negligence, that Client has now or may have in the future against Che Yoga, its officers, directors, employees, and instructors. Should any dispute arise, Client agrees to, first, attempt to resolve any dispute through a community mediation program that is mutually acceptable to Che Yoga, its officers, employees, directors, and instructors.

3) Photograph & Video Release & Waiver:

Client agrees that Che Yoga, its officers, employees, directors, and instructors may use any photographs and/or videos taken of the Client immediately before, during, and after the Workshop for any legal use, including, but not limited to, the following:

Also, Client agrees that Che Yoga, its officers, employees, directors, and instructors may use any photographs and/or videos taken of Client before Client signed this Agreement and use the photographs and/or videos as described above.

Client agrees that no royalty, fee or other compensation is or will be payable to Client for such use by Che Yoga, its officers, employees, directors, and instructors. Client hereby irrevocably releases and waives any and all claims that Client has now or may have hereinafter against Che Yoga, its officers, employees, directors, and instructors for the use of photographs and/or videos of Client as described above.

Should any dispute arise, Client agrees to, first, attempt to resolve any dispute through a community mediation program that is mutually acceptable to Che Yoga, its officers, employees, directors, and instructors.

4) Intellectual Property:

Client understands that Che Yoga reserves and retains all rights to all tangible or intangible property, including, but, not limited to, patents, copyrights, trademarks, or trade secret information relating to the Workshop. Client will not attempt to or actually infringe upon Che Yoga’s intellectual property rights.  Client will not record, reproduce, store or introduce into a retrieval system, or transmit, in any form or by any means without the prior written permission of Che Yoga, any part or the whole of this Workshop. Client will not scan, upload, or distribute this content via the Internet or via any other means without the permission of Che Yoga.

5)   Confidentiality:

Client understands that “Confidential Information” means nonpublic information concerning Che Yoga’s business practices, its anti-racism and anti-oppression yoga programming, and the design, model, process, and implementation that Che Yoga incorporates into its anti-racism and anti-oppression yoga programs, the Yoga for Resilience Against Injustice program, and/or the Workshop.

“Confidential Information” includes information relating to and/or including Che Yoga’s products, services, the marketing or promotion of any of Che Yoga’s products or services, Che Yoga’s business plans, solicitation of third parties, agreements with third parties, customers, students, information relating to workshop materials or content, information relating to training materials or content, marketing plans, financial information, and information received from others that Che Yoga is obligated to treat as confidential.  Client understands that statements about Client’s personal experience in and after the Workshop and Client’s feelings about the Workshop are not Confidential Information.

Client will refrain from disclosing any of Che Yoga’s Confidential Information to third parties, except as expressly provided in this Agreement.  Client agrees to take reasonable security precautions, at least as great as the precautions Che Yoga takes to protect its own confidential information, to keep confidential Che Yoga’s Confidential Information.  Client agrees to refrain from disclosing, producing, reproducing, summarizing and/or distributing Che Yoga’s Confidential Information except in as otherwise provided hereunder.

Client understands that she/he may disclose the Confidential Information in accordance with a judicial or other governmental order, provided that (i) Client gives Che Yoga reasonable notice prior to such disclosure to allow Che Yoga a reasonable opportunity to seek a protective order or equivalent, or (ii) Client obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation.

Client agrees to notify Che Yoga immediately upon discovery of any breach of this Agreement and will reasonably cooperate with Che Yoga to help it regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.

Client acknowledges that monetary damages, alone, may not be a sufficient remedy for unauthorized disclosure of Confidential Information and agrees that Che Yoga shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

All Confidential Information is and shall remain the property of Che Yoga. By disclosing Confidential Information to Client, Che Yoga does not grant any express or implied right to me under any patents, copyrights, trademarks, or trade secret information.

The terms of confidentiality under this Agreement shall not be construed to limit Client’s right to independently develop or acquire products, services, or business plans without the use of Che Yoga’s Confidential Information.

6) Non-Competition:

Client understands and acknowledges that Che Yoga’s anti-racism and anti-oppression yoga programming, the Yoga for Resilience against Injustice program, and the Workshop are unique and specialized and that Client’s participation in the Workshop may expose Client to trade secrets.


Client agrees that Client will not (either directly or by assisting others) compete with Che Yoga or engage in any activity or pursue any interest that in any way conflicts with Che Yoga’s interests with respect to anti-racism and anti-oppression yoga programming, the Yoga for Resilience Against Injustice program, or the Workshop.  Further, Client agrees that Client will not (either on my own behalf or on another’s behalf) engage in competing business practices and/or anti-racism and anti-oppression yoga programming and/or services similar to the design, model, process, and type that Che Yoga incorporates into its anti-racism and anti-oppression yoga programs, the Yoga for Resilience Against Injustice program, or the Workshop.


Client agrees that this restriction shall apply for a period of three (3) years beginning on June 13, 2020 and within a 30-mile radius of where Che Yoga is located, conducts business, and/or provides service (including but not limited to online services) to customers or the general public.

7)   Email Consent:

Client agrees to receive email communications from Che Yoga.

3) Reservations, Deposits, Payments, & Refunds:

The Client understands, acknowledges and expressly agrees that:

A) Payments for Che Yoga’s Services are final and Che Yoga DOES NOT OFFER REFUNDS.

B) Reservations for space in Workshops require payment of a NON-REFUNDABLE DEPOSIT of 30% of the full price of the Workshop that will be applied to the full price of the Workshop. Payment for the remaining price of the Workshop is due upon receipt of Che Yoga's invoice.

C) In the event that Che Yoga has to reschedule a Workshop, Che Yoga will apply all deposits and payments made toward to the rescheduled Workshop.

D) In the event that the Client pays for a Service in advance (such as through a deposit or pre-enrollment) and only if in the event of Che Yoga's cancellation of said service, Che Yoga will automatically issue refunds to the Client within ten (10) business days of the course cancellation.  Refunds will be delivered by the method of payment in which payment was originally received.

4) Third Party Services:

The Client understands, acknowledges and expressly agrees that:

Che Yoga utilizes multiple Third Party Services on the Website and, if the Client uses the Website, the Client will interface with these Third Party Services when submitting Forms, documents, and payments through the Website.

Che Yoga does not control, monitor, or secure any aspect of the Third Party Services available through its Website.

Each Third Party Service purports to have measures in place to secure the data and information transmitted through the Website; however, Che Yoga has not independently verified the security systems of the Third Party Services and Che Yoga does not own, control, monitor or secure any aspect of the Third Party Services available through the Website.

By using the Website or submitting any Client Data or Confidential Information through the Website, the Client accepts and agrees to assume all risks, including the risk of security breaches, associated with the transmission of Client Data or Confidential Information through Third Party Services.

5) Intellectual Property Rights:

These Terms do not assign or convey any rights to access or use Che Yoga’s Services, copyrights, trademarks, logos, domain names, trade secrets, or any other intellectual property beyond those expressly stated herein. All other rights, title, and interest in the Service and intellectual property remain with and exclusively belong to Che Yoga.

6) Disclaimer of Warranties & Limitation of Liability:

The Client understands and agrees that:

Through this agreement, Che Yoga intends to release itself and Che Yoga’s teachers from the responsibilities of their own negligence.

The Client assumes total responsibility for use of the Website and any Third Party Services. The Client’s sole remedy against Che Yoga for any dissatisfaction with the Website or Services is to stop using the Website or Services and request a refund as permitted by these Terms.

Che Yoga does not promise that the Website will be completely private or secure and Che Yoga does not promise that Services will bring about any specific results.

Che Yoga cannot ensure that any files or other data that the Client downloads from electronic transmissions through the Website or the Website’s domain will be free of viruses, contamination, or other destructive features.

Che Yoga does not guarantee the truth or accuracy of the information used in the provision of Services.

Che Yoga has no obligation to defend any claim or suit, or to hold harmless or indemnify the Client against any allegation of infringement or violation of any right of a third party by reason of the Client’s use of the Website or Services.

Che Yoga disclaims all express or implied warranties, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose, and Che Yoga is not liable for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business, loss of profits or income, or litigation), whether based on breach of contract, breach of warranty, tort (including negligence), or any other cause of action, even if advised of the possibility of such damages.

Che Yoga disclaims any and all liability for the acts, omissions, and conduct of Third Party Services and any other third parties in connection with or related to the Client’s use of the Website or Services.

This limitation of relief is part of the bargain between Che Yoga and the Client and use of the Website and Services would not be delivered without such limitations.

7) Indemnification:

The Client expressly agrees to indemnify and hold Che Yoga and its officers, members, managers, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless against any demands, expenses, losses, claims, or liability brought by a third party against Che Yoga arising from or related to the use of the Website or Services by the Client provided that Che Yoga promptly notifies the Client of the threat or notice of such a claim through electronic transmission or U.S. mail. This indemnification applies to, but is not limited to, any claim brought by a third party arising from or related to the Client’s breach of these Terms and/or misrepresentations of facts, information, Client Data, and Confidential Information.

8) Assignment, Entire Agreement, Modifications:

The Client may not assign the Client’s rights under these Terms or delegate the performance of any part of these Terms without Che Yoga’s express prior consent. Che Yoga may, without the Client’s consent, assign the agreement arising from these Terms in connection with any merger or change of control of Che Yoga or the sale of all or substantially all of Che Yoga’s assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

These Terms constitute the entire agreement, and supersede any and all prior agreements between the Client and Che Yoga with regard to the subject matter hereof. Che Yoga may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Che Yoga will post such amendments to these Terms at www.cheyoga.org/terms and https://cheyogaonline.thinkific.com/pages/terms on the effective date of the amended Terms.  The Client’s continued use of the Service following the effective date of any such amendment may be relied upon by Che Yoga as the Client’s consent to any such amendment. Che Yoga’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.

9) Severability:

If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

10) Notice:

All notices that Che Yoga is required to deliver to the Client under these Terms may be delivered in writing (i) by the U.S. mail to the contact mailing address provided by the Client in Client Data or on any Form; or (ii) by electronic mail to the electronic mail address provided by the Client in the Client Data or on any Form.

The Client expressly agrees to give notice to Che Yoga in writing by the U. S. Mail to the following address: Che Yoga, LLC, P.O. Box 7139, Baltimore, MD 21218.

All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail.

11) Violation of These Terms:

The Client agrees that Che Yoga may disclose any Client Data, Confidential Information or other information if Che Yoga determines that such disclosure is necessary as part of any investigation or complaint regarding the use of the Website or to contact or bring legal action against anyone who may cause interference or injury to Che Yoga’s rights or other Client’s or person’s rights under these Terms and applicable laws. Additionally, the Client agrees that Che Yoga has the right to disclose any Client Data, Confidential Information, or other information necessary to comply with applicable laws, regulations, or governmental requests.

12) Governing Law:

These Terms shall be governed by the laws of the State of Maryland in the United States of America without regard to conflict of laws principles. The Client hereby expressly agrees to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Maryland, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by the Client.

13) Void Where Prohibited:

Che Yoga reserves the right to limit the provision of its Services to any person or geographic area and any Service on the Website is void where it is prohibited.

Last Revised 6/15/2020