1. These Terms

1.1 We know from our own experiences of purchasing online that it’s important to feel secure and protected, so we go out of our way to make sure that’s how you feel when placing an order with us too. Our Terms and Conditions (or T&Cs) outline everything you need to know to ensure that purchasing with us is safe, secure and fair.

1.2 By using this website or app, you agree to be bound by these T&Cs and any orders placed by you are bound by these T&Cs. Please read these terms carefully before you submit your order to us. If you’re uncertain about your rights under these T&Cs, or you want any explanation about them please get in touch before you place your order.

2. Information about us and how to contact us

2.1 Who we are. The Yoga Root is the trading name of The Yoga Root Limited, a company registered in Ireland. Our company registration number is 680158 and our registered office is at The Harbour Mill, The Quay, Westport, Co. Mayo, F28 F7K6 Our registered VAT number is 3725230OH.

2.2 How to contact us. You can email us hello@theyogaroot.org Our office hours are Monday to Friday 9am - 5pm. If you have any compliments or complaints about our products or services, please contact us by email only. We try really hard to respond to all emails to this address within one business day, but please be patient with us if it gets really busy and we take slightly longer.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Yoga Classes & Online Services

Please read these Terms and Policies carefully before you begin to use our Website or our Apps and before purchasing or booking any services through our Website or our Apps. By using our Website or our Apps, you confirm that you accept these Terms and Policies and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Policies, you must not use our Website or our Apps in any way.

Welcome to our Online Services: https://theyogaroot.org (“Website”) and to The Yoga Root (TYR) mobile application (“App”). Our online services are operated by The Yoga Root Ltd (“TYR”, “us”, “we” or “our” for short) whose registered address is at The Quay, Westport, County Mayo, Republic of Ireland F28 F7K6.

“You” and “your” means you as the user of our Online Services.

We have set out the terms under which we are providing you with access to our online services. These include the terms and conditions that govern:

your rights to use and link to our online services (“Online Services Terms of Use”);

how we will use and protect information about you (our “Privacy & Cookies Policy“) and

our booking terms and conditions and cancellation policy

3.1 Online Services Terms and Use

Account Creation

You warrant that:

The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

You will notify us immediately of any changes to the Personal Data by updating these details on your online account.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Pricing

The information displayed on the website related to pricing and service availability is subject to change by The Yoga Root Ltd without notice.

Online Bookings

Booking a class online is preferred to secure a place, and full payment is required at time of booking. The following conditions apply to booked classes:

  • We require that you sign into classes a minimum of 5 minutes prior to the class start time. If you have not signed in by this time your space may be opened up to allow drop-ins and this may be treated as a late cancellation – your class will not be credited or refunded, and you may incur a penalty if on a membership plan (see below under 3.2 Cancellation Policy).

  • If you are on an unlimited membership plan and you late cancel or no-show equal to or more than 3 times over a 30 day period, your ability to book online will be suspended for 10 days. You will still be responsible for the monthly payments.

  • You may only book classes for yourself. In the event you wish to gift a class to another person, this is only possible for those on a Class Passes and does not apply for membership plans.

Payment

If the Online booking is paid by debit or credit card, you authorise TYR to debit the card provided by you without notice to you. Authorised debits include, but are not limited to, all late cancelled or missed classes fines under the monthly unlimited memberships. From 1st January 2020, we’re going cashless in all our centres to make the check-in process at reception quicker and easier for clients. When paying at front desk, you can use any major credit or debit card. You can also save your card to your account and pay online for greater convenience.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

3.2 Cancellation Policy

Classes

  • Early cancellations* (this doesn’t apply to Hot Yoga, Warm Yin, or Power Flow): You may cancel class bookings up to 3 hours in advance, and must do so online through the website. Direct messages via Facebook, Instagram, and Email are not considered cancellations as well as phone calls as we have no guarantee that we will see it within the 3 hr window. For early cancellations, your class pass will be automatically credited back to your account. If on an unlimited membership plan, no penalty will incur.

  • Late cancellations (less than 3 hours of start of class): If you cancel a class booking less than 3 hours of the class start time, the class will not be credited back to your pass or refunded, and if you’re on an unlimited plan or membership you will be automatically charged 15 euro per late cancellation from your card on file. If the penalty isn’t paid, your membership may be blocked from future bookings until it is paid and/or cancelled. The reason for this policy is to prohibit students from “block booking” simply to reserve a spot in class that they may not be certain they will attend. All no-shows will be considered late cancellations.

  • *Hot Yoga, Warm Yin, & Power Flow Cancellations: (this applies only to Warm Yin, Hot Yoga, & Power Flow Classes): We require a full 24hrs before class for cancellations of Hot Yoga, Warm Yin, or Power Flow classes to be considered an early cancellation. This is primarily due to the high cost of heating the studio for Warm Yin and Hot Yoga, as well as the high demand for Power Flow. Only book these classes if you’re certain you can attend.

  • Penalty for Late Cancellations: As already described, any and all late cancellations or no shows will either result in a class pass not being credited back to the account, or a 15 euro charge on all membership or unlimited plans.

Reminder: we require that you sign into class a minimum of 5 minutes prior to the class start time. If you have not signed in by this time your space will be opened up to allow drop-ins. If you arrive after the class has started, you may not be able to attend the class and this will be treated as a late cancellation.

Please always check-in at the front desk before your class, otherwise, you may be written as a no-show.

Consultations, Private Individual and Private Group Bookings

  • In order to receive a full refund for the Private Individual or Private Group Class booking, you must notify us to cancel the booking within 1 week (7 days) of the event to receive a full refund. However, in the event that costs were incurred by TYR in the creation of the event, such as with food ordering and preparation, these costs will be charged to your card on file. Cancellations that are more than 2 days from the event, but less than 7 days, are granted a 50% refund. Cancellations under 2 days from the event are not entitled to any refund.

Workshops & Courses

Refunds for Workshops and Courses are only granted if a booking is cancelled more than 48hrs before the class starts, of which you must notify us by email at hello@theyogaroot.org . For instance, if you booked a class Sunday @ 7pm, you must cancel the booking by 7pm on Friday. If you cancelled less than 48 hrs before the start time, you will not be given a refund.

In the event that a Workshop or Course is cancelled by The Yoga Root you will be issued a full refund.

Please allow 5-10 business days for the refund to arrive in the bank account you paid with. We do not give cash refunds under any circumstances.

We reserve the right to cancel a workshop for any reason. Whilst we would only do this in exceptional circumstances that mean we are unable to offer the workshop as advertised, or if there are insufficient numbers booked onto the workshop to make it viable for the teacher taking the workshop. Should this happen, we will notify you as soon as we have knowledge of the cancellation and will refund you the full amount you have paid us in respect of the workshop. We will not be responsible for any additional expenses which you may have incurred in respect of the workshop, including travel, accommodation or exchange rate losses.

Refunds are not made retrospectively.

3. 3 Promotions & Discounts

At any time we may provide a promotion or discount for any reason. These offers cannot be combined with each other or any other promotion or discount. For example, a 15% discount code can not be combined with someone who is using a Class Pass as the Class Pass is already a discounted item.

Promotions and discounts are not retrospective. For example, if you purchase a Workshop that later goes on sale you are not entitled for a refund of the difference in payment.

'Booking' and 'Appointment' are used interchangeable through this document. Both of them refer to making a commitment through our scheduler to show up to a designated class, workshop or event. When making any booking or appointment, you agree to these terms below:

Class Passes

Class passes that are gifted to another individual are still beholden to the Terms and Conditions for Class Passes.

Class Passes Expiration

All 10 Class Passes must be used within 12 months of your first booking. Any credit left on the Class Pass after the expiration date is non-refundable and non-transferable.

Refunds for Class Passes

Full cash refunds are only given for Class Passes if they were never used and haven't expired yet. If you meet these requirements for a refund, email hello@theyogaroot.org with your Class Pass information (the code or email that identifies the purchase) and we’ll issue a refund to your account.

It is your responsibility to keep track of your Class Pass expiration date.

3.4 Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.

3.5 Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

3.6 Our Rights

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

4.16 Compliance with Laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

3.7 Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

any loss of goodwill or reputation; or

any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Please note incense sticks are often burnt in the communal areas in our centres and, sometimes, in classes.

3.8 Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

3.9 Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

3.10 Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

3.11 Law

The Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and you irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

3.12 Online Classes

Online Etiquette & Safety

Teaching online is a very different format than in our studio, and it’s important you understand these differences.

Listen carefully to instructions, and move more slowly. Because you most likely won’t have students next to you, and the teacher is on a computer, your visual learning is compromised so there is a higher reliance on auditory cues.

Do not push yourself. This is true for any yoga class, but becomes especially true online. Because the teacher cannot easily see your posture, alignment, breathing technique, or facial expression it’s very difficult to see if you’re struggling or putting yourself in a harmful position. There is a benefit in this modality, in that you need to listen to your body more intimately.

If taking a pre-recorded class, remember you can always pause the video for any reason such as seeing the pose more clearly or taking a break. Pre-recorded classes are a great way to understand the asanas and to move at your own pace.

Do not hesitate to ask questions. At the end of every Live Online class, the teacher will stay after to answer any questions you may have. If you have a question about a pre-recorded class, feel free to email us at hello@theyogaroot.org

Online Teaching Agreement & Waiver or Rights

By taking an online class, whether live or pre-recorded, you agree that you are physically fit and competent to take a class without injury.

You agree to have been recently seen by a primary care physician and have been given the endorsement from them that yoga asana practise is beneficial and suitable for your health.

You agree to listen to instruction carefully, and acknowledge that ultimately the asanas and postures you perform are of your own choosing.

You understand that all decisions are of your own making and that any injury, harm, mental or physical, is thereby of your own creation and The Yoga Root Ltd nor the teacher is responsible and thus you waive any rights to pursue legal action against them.

You also acknowledge that the class you’ve booked is for you and you alone, other participants are not accepted to take the class with you unless they have booked a class themselves.

By booking through our online system, you were asked that you’ve read these Terms & Conditions and that you explicitly agreed to them.

3.13 Refunds for Online Class Bookings, Workshops, and events

Refunds are only granted if a class spot is cancelled more than 24hrs before the class starts. For instance, if you booked a class Tuesday @ 11am, you must cancel the booking by 11am on Monday. If you cancelled less than 24 hrs before the start time, you will not be given a refund.

There are no refunds if you miss a class.

Refunds are only granted if a class spot is cancelled more than 48hrs before the class starts. For instance, if you booked a class Sunday @ 7pm, you must cancel the booking by 7pm on Friday. If you cancelled less than 48 hrs before the start time, you will not be given a refund. You may gift your booking to someone else, provided you follow those regulations below.

There are no refunds if you miss a workshop or event.

3.14 Enquiries or complaints

If you have any enquiries or complaints please email hello@theyogaroot.org

4. Memberships / Subscriptions

Memberships (also known as ‘Subscriptions’) are recurring payment plans entitling the client to certain benefits. Please review carefully these terms and conditions for all of our membership plans. Membership plans are only to be used by the purchaser and no one else.

4.1 Set-up fee

The “set-up fee” may be applied if stated and is a one-time charge at the signing up of any membership and is non-refundable. If you cancel your membership plan and then repurchase the same membership plan or another one, you will incur another set-up fee.

4.2 Recurring Payments

By signing up to a membership plan, you are expressly agreeing to recurring charges in accordance with the plan recurring cycle (weekly, monthly, or yearly depending on the membership plan). You understand that it is your responsibility to cancel your membership plan by giving 7 days written notice, or by contacting us by email at hello@theyogaroot.org. Failure to do so within 7 days may result in a payment processed and non-refundable.

4.3 usage

All membership plans can only be used by the purchasing member and not gifted to anyone else. You may not have another client, student, or member use your membership to book an appointment or take your booking at the studio or online.

4.4 Refunds

There are no refunds for recurring payments unless expressly given as a promotion or within the terms of the subscription plan. It is your responsibility to cancel your membership when you no longer with to avail of its benefits. In the event that you forget to cancel a membership, you may submit an inquiry into your situation at hello@theyogaroot.org and we’ll evaluate if you’re due a refund or not.

4.5 Pausing & Cancellations

With our Auto Pay Membership plans, you can pause for illness or holidays for a minimum of 7 days at a time and a max of 3 months per year. Please note, that we do not pause or extend Class Passes. You must give a minimum of 3 days notice and have an active membership. You can pause your membership in the member’s area.

You may cancel your membership giving 1 week notice. If you wish to cancel your membership plan, you must do so by filling out the form in the members area.

If you need to pause your membership for longer than the allotted 10 days at a time, we can stop payment for a maximum of three consecutive months for a fee of €15 per month. You will maintain your lower recurring rate and annual benefits after you restart your membership. Prices and benefits may change if a membership has been completely cancelled and a new membership begins at a later date.

We reserve the right to cancel your membership, for any reason, at our discretion. In the event your membership is cancelled, the recurring payments will cease and you’ll receive an email detailing the reason.

4.6 penalties

In the event you continually miss more than 2 bookings per month, your membership may be cancelled, or we may pause your booking ability for 2 weeks. In the event we pause your membership, your regular payment schedule will remain the same. Considering we have limited space within the studio, please only make bookings that you are certain you are able to make.

4.7 Class availability & booking through membership

We do not guarantee class availability, and you must book the classes you wish to attend through the membership code or link. There are no refunds for memberships if the class you wish to attend is full or cancelled.

You may attempt to come to a class without booking it online, and if your membership is current we can add you to the schedule and use your membership. However, in the event of the class being fully booked, you may not be admitted.

4.8 Seasonality

Our schedule of classes changes seasonally; sometimes we will add more classes to the schedule or reduce them, and it’s is your responsibility to check the schedule and to make sure a membership plan is worth the purchase. A membership plan does not guarantee that will always have the same schedule of classes on offer; it is your responsibility to cancel the membership in the event you believe we do not have enough classes or availability for your schedule.

We are always open to suggestions and feedback on our schedule. If you have any comments please contact us.

5. Class Waiver

Out Class Waiver includes all classes, workshops, and courses at The Yoga Root. This includes our Hot Yoga and Hot Yin classes, where the room can be anywhere from 25 degrees celsius to 40 degrees celsius.

5.1 Waiver for weekly classes, activities, workshops and courses at the yoga root

Before coming to any of our classes, you continually express that:

  1. I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by The Yoga Root (the “School”). The Activities may be offered in the physical location of the School or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”

  2. I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the School reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.

  3. I recognize that before attending any Hot Yoga or Hot Yin activities that I have gotten consent from my general practitioner before commencing said activity that it is safe to do so.

  4. I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.

  5. In consideration of being permitted to participate in the Activities, 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 Activities at the School, including those which may result from the negligence of the School.

  6. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the School, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at the School even if the Claim arises from the negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss, cost, 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 negligence of any Released Party or anyone else. “Claim” includes but is 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 spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

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

  8. I hereby understand that the School from time to time may photograph, video, or otherwise record classes or events occurring at the School and place such photographs and videos on its Website or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.

  9. This agreement shall be construed in accordance with, and governed by, the laws of the The Republic of Ireland and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Ireland. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein. I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.

6. Refunds

In order to obtain a refund, you must request in writing (via email) to hello@theyogaroot.org and meet the conditions below. All refunds can take up to two weeks processing time.

  • Class Passes: A class pass is refundable if, and only if, none of the classes on the pass have been used and the refund is requested within 6 months of the purchase.

  • Workshops, Courses, & Events: A refund is only granted if the workshop, course or event was cancelled online via the membership portal within 48 hrs of the event start time. Messages via Instagram, Facebook, or Email are not considered sufficient; you must cancel through your profile on our app or website as we cannot guarantee we will get to the email or message in time.

  • Merchandise: Our refund policy on merchandise and goods follows EU Regulations on Refunds. In order to avail of a refund, you must email us at hello@theyogaroot.org.

7. Contact Us

Please email us hello@theyogaroot.org. If you have any compliments or complaints about our products or services, please contact us by email. We do our best to respond to all emails within 3 business days.