Contract for the provision of yoga instructor services via the Internet

Concluded between YogaroundU (also referred to as "The Company") and the Instructors

Content:

1. Preamble
2. Validity of the Contract
3. Participation / Membership
4. Contract formation/termination
5. Copyright/Unauthorized use of content
6. Video Conferencing Software
7. Health instructions
8. Saving the text of the contract
9. Cancellation policy for our subscription
10. Pricing arrangements
11. Offer of services
12. Communication
13. Exclusion of liability
14. Responsibility for links
15. Data protection
16. Technical conditions and instructions

1. Preamble

1.1 The Company declares that it is the authorised operator of the https://yogaroundu.com website and application, which facilitates the provision of various levels of yoga exercise and yoga related activities (also referred to as the Services).

1.2 The Instructor declares that he/she is licensed to provide yoga classes and related activities and is interested in providing his/her services through the Company's website and applications.

1.3 For the purpose of regulating their mutual relations, the Parties enter into this Agreement.

2 Validity of the contract

2.1 The Company provides yoga teachers with the opportunity to offer yoga classes and other services to end users in accordance with the terms of this Agreement via the website https://yogaroundu.com.

2.2 The Instructor shall have the opportunity through the registration form to register with the Company and offer its services to end users in accordance with this Agreement and the General Terms and Conditions (https://yogaroundu.com/terms) directly through the Company's website and applications.

2.3 The Company will verify the accuracy and truthfulness of the information and documentation provided and all supplementary information, and if all information and documentation provided is correct, the Company will invite the Instructor to pay the registration fee.

2.4 Upon payment of the Registration Fee, the Instructor will be entitled to organise and offer its Services through the Website and Apps.

3 Participation/membership

3.1 As a prerequisite to offering Online Events through the Company, the Instructor must be at least 18 years of age to enter into this Agreement, which binds the Subscriber to a paid membership (also referred to as the "Subscriber”). 

4 Contract conclusion / termination

4.1 Contract conclusion

In order to order a subscription through the https://yogaroundu.com website, the Instructor must first register once. By completing and submitting the application form provided by the Company, he/she applies for membership on the terms and conditions he/she has chosen.

After an internal review of the submitted application and acceptance by the company, a (paid) membership is established, and the company asks the Instructor for payment. The agreement comes into effect on the date of registration.

The application form requires personal details of the yoga teacher as well as proof of authorisation to conduct yoga classes. Proof is provided by submitting relevant certificates (e.g. Yoga Alliance, YTT200, YTT500 etc.) or comparable qualifications (e.g. relevant experience) from the company.

This Agreement is concluded for an indefinite period of time from the date of its entry into force.

4.2 Amendments / termination of the contract

Either party may terminate this Agreement by written notice to the other party's postal or email address. The notice period shall be 1 months and shall commence on the day following the date of delivery of the notice to the other party.

If any provision of this Agreement is or becomes invalid or ineffective, the remaining provisions of this Agreement shall remain unaffected and shall remain in full force and effect; the invalid or ineffective provision shall be governed by the provision of applicable German law which most closely approximates the meaning and purpose of this Agreement. 

Amendments to this Agreement will only be effective if made in writing and accepted by both parties. Hours already paid for that fall within this notice period must be retained.

4.3 For a paid membership as an Instructor, we also need additional information such as name, address and payment details to fulfil the contract.

The processing of this personal data is based on Article 6(1)(1)(b) GDPR. 

Further information can be provided in the attached privacy policy (https://yogaroundu.com/privacy).

4.4 This Agreement shall be governed by and construed in accordance with the law set out in Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome 1). Any dispute or other dispute resolution between the parties in connection with this Agreement shall take place in Germany. The place of jurisdiction for the resolution of disputes arising out of this Agreement shall be the registered office of the Company.

5 Copyright / Unauthorized use of content

5.1 Instructor acknowledges and agrees that all intellectual property rights in the Platform, the Applications and any software used to provide the Services under this Agreement, including any modifications, extensions and adaptations thereof, belong exclusively to the Company.

5.1.1 The instructor is not authorized, alone or through a third party:

5.1.1.1 copy, adapt or distribute the website or software.
5.1.1.2 link the website or software to other software.
5.1.1.3 decode, disassemble or decompile web pages or software.
5.1.1.4 transfer, lend, lease or assign an account.5.1.1.5 remove any copyright, proprietary rights or similar notices from the Software.

6. Video Conferencing Software

6.1. The yoga teacher acknowledges and agrees that the company may use the name used during registration and the email address provided for the video conferencing software

6.2. In the event that the company commissions an external service provider to provide the video conferencing software, the yoga teacher agrees that a user account will be created there. The yoga teacher will then be granted access.

6.3. Unless otherwise agreed, the yoga teacher will not incur any further costs as part of his/her subscription.

6.4. The yoga teacher is not authorized to use the application provided by the company for other commercial activities.

6.5. The company allows the yoga teacher to use the application provided within an appropriate framework in a private environment.

7 Health warnings

7.1 The instructor must bear in mind that not all exercises are suitable for every participant. Before starting a physical activity, the Instructor should draw the participants' attention to the following points according to common practice:

• The exercises are not a substitute for medical examination or treatment.
• The risk of injury can be reduced by avoiding overuse and jerky movements.
• The exercises are not a substitute for medical examination or treatment.
• Pregnant or menstruating women may have other possible restrictions.

8 Storage of the text of the contract

8.1 Upon acceptance of the terms of the contract, we will save the text of the contract and send it to the email address you have provided. The Terms and Conditions can be found at https://yogaroundu.com/terms. Order details can be viewed in your user account at any time during the contract period.

9 Cancellation policy for our subscriptions

9.1 Cancellation

9.1.1 Withdrawal

You have the right to withdraw from this contract within a specified period without giving reasons.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right of withdrawal, you must send an e-mail to cancellation@yogaroundu.com with a clear statement of your decision to withdraw from this contract.

Sample appeal form

At ________________ , e-mail: _________________

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods: ()/ provision of the following services ()
Ordered on ()/received on () Name of consumer(s) Address of the consumer(s)
Signature of the consumer(s) (only in case of paper notification) Date
(*) Delete where not applicable.

In order to comply with the time limit for revocation, it is sufficient that the notice of exercise of the right to revocation is sent before the expiry of the time limit for revocation.

In the event of price changes caused by the company, the right of withdrawal starts again.

9.1.2 Consequences of cancellation

If this Agreement is cancelled, we will refund all payments to this account immediately and no later than fourteen days from the date we receive notice of your cancellation of this Agreement.

We will use the same means of payment for this instalment as was used for the original transaction, unless expressly agreed otherwise; You will not be charged any fees for this instalment under any circumstances.

10 Price arrangement

10.1 Monthly Subscriber

The monthly subscription fee, as well as the discounts and rebates offered, are based on our current price list and are clearly and transparently displayed online when you select your subscription and before you place your order. The prices shown in the price categories do not include the country-specific statutory value added tax.

10.2 Monthly commission

The Company is also entitled to a recurring monthly commission for arranging yoga classes and related services of 15% of the monthly fee the Instructor receives from end customers as a result of the Company's contracted services. The fee shall be calculated exclusive of VAT and in EUR. In the case of payments for services in currencies other than EUR, the exchange rate https://xe.com valid on the last calendar day of the month for which the fee is payable shall be used for the conversion of currencies into EUR.

At the beginning of the month following the yoga teacher's service, the company will issue an invoice for the base fee and net commission plus applicable VAT. The payment period is 30 days from the date of the invoice. The Yoga Teacher is automatically in default of the payment period, without the need for further reminders.

10.3 Maturity

The monthly fee is charged in advance. In the event of missing or incomplete payment, the Company may suspend the account until payment is received. After payment, the account will be reactivated.

10.4 Price adjustment

The Company may, in its reasonable discretion, change subscription fees and other prices to compensate for the increased overall cost of providing the Services. For example, license costs, administrative costs, costs to maintain and operate our IT infrastructure, general overhead costs (sales and marketing costs, personnel costs, rent, outside service providers), as well as financing costs, taxes, fees and other charges are critical to calculating the total cost. In the event of a change in the statutory value added tax, the Company is entitled to adjust the charges accordingly.

For example, a company may consider increasing the price if, for example, the cost of content, the cost of the company's IT infrastructure and general overheads increase, leading to an increase in the overall cost of providing the service.

Any price changes will take effect no sooner than 30 days after the Company notifies you, which will begin the next billing period for your subscription. Your normal right to terminate in accordance with paragraph 9 shall remain unaffected. 

11 Offering services

11.1 Online offer

Services offered through the Company's websites and applications are offered in the following categories:

11.1.1 Yoga classes (e.g. 30 min, 60 min) according to the type and style of yoga teacher: e.g. Ashtanga yoga, Hatha yoga, Iyengar yoga, Kundalini yoga, Lu Jong, Vinyasa yoga, Power yoga, Yin yoga, Restorative yoga, Yoga for pregnant women, Pilates.

11.1.2 Other services (workshops, readings, conferences, master classes) by appointment. Please visit https://yogaroundu.com/events for current other categories.

The yoga teacher is responsible for the content of the online offer. In certain cases, pricing is determined in consultation with the company

11.2 Services with - Yoga lessons

Upon payment of the monthly fee by the Instructor, the company activates the website and gives the Instructor the opportunity to offer their services from then on.

The instructor specifies on the company's website the type and style of yoga he offers, the language in which the classes are held, as well as the start time of the class and other optional information (days , needed aids). The instructor now has the possibility to offer online yoga courses in terms of section.

11.3 Other services

The Company, in consultation with the Instructor or at its sole discretion, arranges other yoga related services with the participation of selected yoga instructors or third parties and interested end users. Online video conferencing will take place on the dates specified on the Company's website.

11.4 Videoconferencing service

The services are implemented through video conferencing services that allow direct communication between the Instructor and end users. The company is entitled to co- determine the number of participants in the workshop. Video and audio recordings of the teaching units are not allowed. 

12 Communication

12.1 Rules of conduct

The instructor provides services to end-users through the platform with due diligence and based on the applicable standards for the provision of yoga classes and related services. The instructor provides his/her services with due regard for the health and fitness of end- users and it is the instructor's responsibility to monitor their health and fitness (for more information, see Health Advice - Section 7)

Yoga instructor's classes and conduct shall not be illegal, infringing, defamatory, threatening, harassing, vulgar, obscene, abusive, invasive of another person's privacy, hateful or pornographic content. Acts that promote bigotry, prejudice, racism, hatred, and other acts that are racially or ethnically inappropriate, as well as acts that abuse children or otherwise harm minors, are considered inappropriate.

The instructor is obliged to follow the lesson plan published on the website, if he/she is unable to hold a yoga lesson due to serious health reasons, he/she must provide adequate substitution. The existence of medical reasons must be proven in writing (email is sufficient). The yoga teacher is not entitled to any remuneration for the yoga class. In case of repeated (i.e. more than 2 consecutive) failure to attend the advertised lesson, the company is entitled to immediately terminate the cooperation with the Instructor.

In case of violation of the code of conduct rules, the company is entitled to immediately terminate the cooperation with the Instructor and proceed according the valid regulations related to the specific violation.

13 Exclusion of liability

13.1 The instructor declares that he/she uses the services at his/her own responsibility and risk, taking into account his/her current state of health.

13.2 The Company and the Instructor are not responsible for any health problems of the User during or after the use of the Service. In case of health problems during a yoga class, the user is advised to stop the practice and inform the yoga teacher. The exercises are not a substitute for medical examination or treatment. Other possible restrictions for women in pregnancy and menstruation should be noted.

13.3 As the Provider has no influence on the transmission of data over the Internet outside its servers (for video connections) and due to the peculiarities and uncertainties of the Internet, the Provider cannot accept any liability for errors in the transmission of data (outside the Provider's servers).

13.4 Any other liability of the Provider, regardless of the legal grounds, is limited to the amount of contributions actually paid by the relevant Participant claiming/asserting the claim. Further claims for damages are excluded unless they are caused intentionally or by gross negligence of the provider's employees. This also includes liability for material and immaterial (consequential) damage caused by accidental or technically incorrect data transmission.

13.5 In principle, the company shall only be liable for damages caused by willful or grossly negligent breach of duty or conduct of the Company; unless the claim is for injury to life, body or health based on negligent breach of duty of the company or willful or negligent breach of duty by a legal representative or assistant of the company.

13.6 The Instructor indemnifies the Company and/or the participants from any and all third party claims that are based on a breach of the obligations arising from this Agreement, breach of good morals, morality or law.

13.7 Contributions used by Instructors (e.g. images, videos) must be free from third party rights that may prevent publication or other use within the Offer. It is prohibited to publish contributions if they violate applicable laws, these Terms and Conditions or are contrary to good morals.

14 Responsibility for links

14.1 The Company expressly distances itself from all content of linked third-party sites and does not accept them as its own.

15 Data protection 

15.1 We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

15.2 In order to prevent unauthorized access by third parties, all data you enter during the registration process on our website is transmitted in encrypted form via an SSL server.

The company creates the conditions for technical security of the website operation, including hardware, software and cloud services. The Company makes reasonable efforts to prevent DOS and DDOS attacks.

The Company will provide reasonable support and maintenance of the Platform and related applications for the duration of the Contract.

The company creates the conditions for technical security of the website operation, including hardware, software and cloud services. The Company makes reasonable efforts to prevent DOS and DDOS attacks. In no event shall the Company be liable for any incidental, indirect, special or consequential damages.

The company is not liable for damages caused by:

• Equipment, hardware and software malfunctions occur that have not been supplied by the Company or have not been approved by the Company;
• If Force Majeure events occur, the Company shall not be liable for the Performance of its obligations under this Agreement if delayed or prevented by unforeseen circumstances beyond its control, including war, riots, sabotage, terrorism, embargoes, fire, floods, accidents, earthquakes, strikes, interruptions in telecommunications supplies necessary to provide the Services;
• Any act or omission of the other party or its partner which results in the other party not obtaining sufficient access or information required in connection with the provision of services under this Agreement or which
• Results in the Company being unable to comply with any of the provisions of this Agreement or any future agreement between the parties;
• Arises from the negligence or willful misconduct of the Instructor;
• A DOS or DDOS attack occurs.

The company is not responsible for the actions of the Instructor during yoga classes towards the end users. The Company is not responsible for the accuracy or truthfulness of the information provided by the Instructor, including responsibility for the Instructor's instructions, advice, directions during Yoga classes or other activities.

The Company will provide adequate support and maintenance of the platform and related applications for the duration of the contract.

16 Technical requirements and notes

16.1 The following points are required to use the online offer:

• current internet browser
• broadband internet access

This may cause additional costs.

In addition, your browser must allow the use of Javascript and cookies. In rare cases, problems with video playback may occur. Please contact our support.