Terms of Sale
These Terms of Sale govern all purchases made with Elise Bowerman, LLC, DBA: Birth Humanity ("Company"), including in-person experiences, workshops, virtual experiences, programs, courses, mentorships, consultations, and digital content. By registering for or purchasing any of our services, you agree to the following terms.
Refund Policy / Satisfaction Guarantee
Prenatal and Postnatal Yoga Teacher Foundations course satisfaction guarantee: If within 24-hours after purchase you feel the course is not right for you, we will issue a full refund by contacting us here. Any other forms of refund requests will not be valid.
Registered Prenatal Yoga School satisfaction guarantee: If within 24-hours after purchase you feel the course is not the right fit for you, we will issue a full refund, including deposit by contacting us here. Any other forms of refund requests will not be valid.
In-person or virtual series, classes, events, or workshops - Your spot is exclusively for you. All purchases are non-refundable and non-transferable. Makeups are not available.
Please note:
Birth Humanity is Michigan's leading (and Metro Detroit's only) Registered Prenatal Yoga School. Elise is also a Yoga Alliance Continuing Education Provider.
As a teacher of teachers there will be times when other teachers-in-training observe and co-teach prenatal and postnatal yoga classes with Elise. They will adhere to our guiding principles and continue the deep respect for this sacred practice and your privacy.
Weather, Building Conditions, or Government Orders
Weather, building concerns, and government ordered restrictions may arise from time to time where we are unable to meet in-person. When this happens the same service will be offered at the same scheduled time via Zoom meeting. (Details will be emailed the day of.)
Liability Waiver
I hereby accept this waiver and release of liability of Elise Bowerman, LLC, (DBA: Birth Humanity), (hereinafter "PROGRAM"), as a condition of participation in yoga classes, training and other related activities in the PROGRAM. I agree to this release of claims and waiver of liability and assume full responsibility for any injury, damage or loss, which may result from participation in classes at any facility where instruction is provided.
I understand that yoga and movement may involve a high level of physical and emotional exertion, and as such, participation involves inherent risks and may result in accident or injury. If I experience any pain or discomfort, I will listen to my body at all times, and make the necessary adjustments to suit my body's needs.
I understand that it is my responsibility to consult with a physician/my child's physician prior to and regarding participation in any physical activity, if I feel it is necessary. I represent and warrant that I am/my child is physically fit and able to participate and have no medical conditions that would be exacerbated by the practice of yoga. If I choose to engage in any without consulting a physician, I take full responsibility of my body and/or future injuries that may occur from participation. Should my/my child's medical condition at any time change in any way which would prevent safe participation I choose to attend (with or without my child), I agree to immediately discontinue attending classes and to consult with my physician/my child's physician about continuing or resuming participation.
I acknowledge it is my responsibility to inform the teacher of any medical changes which may occur to myself, fetus, baby or babies. I understand that none of the instructors in the PROGRAM will suggest medical advice or treatment to any participants, as only licensed professionals are qualified to give medical advice. I have been advised and understand that yoga and somatic practices may include postures and cardiovascular activity that can be categorized at different levels from beginner through advanced, and I understand that I am responsible for all of my actions in class and determining the level of exertion that is appropriate for me/my child.
I hereby waive and release any and all claims or actions I may now or in the future have and release from all liability and agree not to sue Birth Humanity, LLC, it's members, officers, employees, agents, or instructors (including independent contractors), including their respective heirs, successors, assigns, and facility lease and owners (collectively, the "Released Parties"), for any damages, costs of losses of any kind whatsoever, including, but not limited to, damages, costs or losses from emotional or personal injury, death, or property damage incurred or suffered by me, as a result of my attendance at yoga classes or use of any other goods or services provided by the PROGRAM, or any act of omission including negligence or breach of any statutory or other duty of care on the part of any of the Release Parties, arising out of or related to attendance at and participation in yoga classes or use of any other goods or services provided by the PROGRAM. I further agree to comply with any and all policies in effect from time to time governing my conduct and behavior in yoga classes at the locations and further agree that the PROGRAM reserves the right to refuse service to any person who does not comply with any such policies, whether or not such policies are written or oral.
I understand that yoga and all activities and instruction provided by the PROGRAM includes, but is not limited to, physical movements, stretching, breathing exercises, strengthening exercises, meditation techniques, and hands-on physical adjustments for the purpose of improving alignment or understanding of movement; and that I/my child may decline any of these options.
Photography and Media
I give the PROGRAM permission to take instructional and promotional pictures and videos of myself/my child during class time. I give permission to the PROGRAM to use photos/videos of myself/my child in promotional materials, on the website, in social media supporting the community aspect of this practice.
Your privacy is of utmost importance. No images of you will be taken without your prior knowledge.
Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the PROGRAM thereafter. Your continued use of the PROGRAM following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of the PROGRAM is also subject to the Company's Privacy Policy. Please review our Privacy Policy, which also governs the PROGRAM, website, and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
The contents of the PROGRAM, such as text, graphics, images, and other materials created by Birth Humanity or obtained from Birth Humanity's licensors, and other materials contained on the Birth Humanity website or third party software (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or heard in the PROGRAM.
If you think you may have a medical emergency, call your doctor or 911 immediately. Birth Humanity does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the PROGRAM . Reliance on any information provided by Birth Humanity, Birth Humanity employees, others appearing in the PROGRAM at the invitation of Birth Humanity, or other visitors is solely at your own risk.
Accessing digital content
We reserve the right to withdraw or amend information in the PROGRAM and any service or material we provide at our sole discretion without notice. We will not be liable if for any reason all or any part of the PROGRAM is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the PROGRAM, or the entire PROGRAM, to users, including registered users.
To access the PROGRAM or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the PROGRAM and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the PROGRAM or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Unlawful Or Prohibited Use And Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the PROGRAM and the resources available for download from the PROGRAM strictly in accordance with these Terms of Use.
As a condition of your use of the PROGRAM, you warrant to us that you will not use the PROGRAM or any of the resources available for download for any purpose that is unlawful or prohibited by these Terms. You may not use the PROGRAM or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the PROGRAM or interfere with any other party's use and enjoyment of the PROGRAM. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PROGRAM.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the PROGRAM, is the property of ours or our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the PROGRAM or any of the resources available for download from the PROGRAM.
Our content is not for resale. Your use of the PROGRAM or any of the resources available for download from the PROGRAM does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Birth Humanity or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Birth Humanity or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this website and in PROGRAM are the trademarks of their respective owners.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained in PROGRAM and the resources available for download are for educational and informational purposes only. The information contained in PROGRAM and the resources available for download is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
All of our online products and educational materials are for personal use only. The completion of any course (in person or online) does not certify you to teach or authorize redistribution of the materials. These contents cannot be reproduced in any way, shape or form without clear, written consent from Birth Humanity.
If we suspect that this policy is violated, your access to the course will be revoked immediately and legal preparations will proceed.
Accuracy And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions in the PROGRAM or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By engaging in PROGRAM, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available or the resources available for download. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the PROGRAM.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this website or not. The Company provides educational and informational resources that are intended to help users of the PROGRAM succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others -- whether clients of the Company or otherwise -- applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Email And Other Electronic Communications
Visiting the website, third party content software, or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by email, and there are various places that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
Use Of Communication Services
The PROGRAM may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To The Website
The Company does not claim ownership of the materials you provide to the PROGRAM (including feedback and suggestions) or post, upload, input or submit to any website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third Party Websites And Services
The PROGRAM may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the PROGRAM are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the PROGRAM, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the PROGRAM's users and customers.
Use Of Templates And Forms
The Company provides various templates and/or forms for download and/or sale on this website and in the PROGRAM. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated materials (collectively the "Courses") for sale. By purchasing or enrolling in these Courses, you are granted a limited, personal, non-exclusive, non-transferable license to use the Courses for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Courses in any manner.
Specific Service/Program Details:
- Prenatal Yoga series: Digital content accessible for three months after the last class of the series.
- Prenatal and Postnatal Yoga Teacher Foundations: Digital content accessible for the duration of program's existence.
- Registered Prenatal Yoga School: Digital content accessible for the duration of the program's existence.
- Personal Guidance 3-month mentorship: A three month live virtual mentorship, with up to 12 sessions and expires three months from purchase date.
By purchasing or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
One-on-One Session Rescheduling
For programs requiring scheduled one-on-one sessions, such as Personal Guidance, participants must provide at least 48-hour notice to reschedule any one-on-one sessions. Failure to notify within this timeframe will result in the forfeiture of the session, without the option to reschedule. Specific 1:1 bookings will have terms of appointments stated when purchased.
Guests
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Scholarships
Scholarships awarded for any of the Company's programs or courses are non-refundable. Once a scholarship has been granted and accepted, no refunds will be issued for any reason.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this PROGRAM, the Company, any and all contracts you enter into with the Company, and any and all of the Company's products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Oakland County, Michigan. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the PROGRAM and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this PROGRAM or the Terms of Use pursuant to the Arbitration Clause above. Use of the PROGRAM is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the PROGRAM. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the PROGRAM or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the PROGRAM and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the PROGRAM. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the PROGRAM is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding the Terms:
elise@birthhumanity.com
Effective as of January 1, 2009
