Terms & Conditions

These Terms of Use are an agreement between Vicky Tomsky Yoga, including its directors, principles, instructors, independent contractors (“Vicky Tomsky Yoga ”, “Company”, “us”, “our”, and “we”) and you, a user of our website.  By using our website VickyTomskyoga.com ("Site") you agree to be bound by these Terms of Use and our Privacy Policy. Our website services include, but are not limited to livestream classes, on-demand classes, workshops and trainings ("Services").  The content is suitable for persons 18 years of age or older and you affirm that you are of age and able to fully comply with the terms of use outlined here.  If you do not agree, you should discontinue our services and leave our Site immediately. Vicky Tomsky Yoga has the right, at its sole discretion, to amend these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes.

By using our Site you release and discharge Vicky Tomsky Yoga, its owners, directors, instructors, staff and participants from ANY and ALL liability, claims, demands, or actions that you may have resulting from personal loss or injury of any kind, including death or damages arising from your participation in any of the Services on the Vicky Tomsky Yoga website.  If you engage in the Services available on the Vicky Tomsky Yoga Site, you agree that you do so at your own risk, are voluntarily participating in these activities and assume all risk of injury to yourself.  You agree to release and discharge Vicky Tomsky Yoga, including its directors, principles, instructors, independent contractors from any and all claims or causes of action, known or unknown, arising out of your use of the Site and the Services provided.

If you sign up for the Site you will be asked to provide certain information including a valid email address. You will receive electronic communication from us pertaining to our services. You may unsubscribe at anytime.   You warrant and represent that all such information is current and accurate, and will be kept up-to-date. We reserve the right to refuse service, terminate or suspend accounts that provide false, inaccurate, incomplete or suspicious information. You are responsible for maintaining the confidentiality of your information as it relates to our Site, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. Your account is for personal use only.  Any sharing of usernames/passwords, livestream links, downloads or copying information is prohibited without Vicky Tomsky Yoga’s consent.

 

As a User of our site you agree to always conduct yourself with respect and decency. Inappropriate behaviour toward Vicky Tomsky Yoga instructors or other Users will not be tolerated and will result in termination and refusal of service without eligibility for refund.

 

Vicky Tomsky Yoga makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.  

By using Vicky Tomsky Yoga’s Site and Services, you confirm to abide by all of the terms and conditions above.

Health Disclaimer

All forms of physical exercise carry the risk of injury. It is important in yoga that you listen to your body, respect your personal limits and chose classes appropriately.  You should consult with a physician prior to beginning any exercise, including yoga. Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Information provided in our classes and from our Instructor's  should never be construed as medical advice.   By participating in our classes (livestream and on-demand) and any other Vicky Tomsky Yoga Service you are doing so at your own risk and take full responsibility for your own health.  Vicky Tomsky Yoga, including its directors, principles, instructors, independent contractors disclaim any liability from and in connection with our Services and will not be responsible or liable for any injury or harm you sustain as a result.

You have read and agreed to both the disclaimer above and the terms and conditions outlined in the RELEASE OF LIABILITY AGREEMENT

Purchase Policies

All purchases are non-refundable.  Schedule is subject to change.    

 

In the event a livestream class is cancelled or encounters significant distribution due to technical issues on Vicky Tomsky Yoga Yoga's end,  your class will be returned to your account for future use.  Single Class purchases have a 3 month expiry.   

 

Monthly Membership Subscription auto-renews every month. This recurring payment may be cancelled at anytime.  It must be done by you online.  Contact is if you need assistance.  There is no refund for the current billing cycle. 

 

At the end of your 7 day free trial your account will automatically be charged.  To avoid a the monthly subscription charge you must cancel before the trial expires. It must be done by you online.  You are responsible for cancelling the membership online within your account.

By purchasing a subscription or monthly membership, you agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update or change this information at anytime by logging into your account. 

Livestream Class + Online Course Cancellation Policies

CLASSES:  Cancellations must be made online in your Vicky Tomsky Yoga Account at least 10 minutes in advance of class.  If you paid by drop-in the class will be returned to your account for future use.  Note, drop-in classes have a 3 month expiry from date of purchase.  

 

COURSES:  Course cancellations must be made at least 72 hours in advance to receive credit.  

Release of Liability Agreement

By using Vicky Tomsky Yoga Site and it’s Services, I hereby agree to the following:

 

  1. I am participating in yoga classes, workshops, retreats, events and services (collectively, the “Activities”) provided, arranged, organized, conducted, sponsored or authorized by Vicky Tomsky Yoga. The Activities may be offered physically in-person or online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physically in-person 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  Vicky Tomsky Yoga reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.

  3. I am aware that my participation in the Activities could result in illness, 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 severe injuries, including death 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.

  4. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for ANY and ALL risks, injuries, including death, or damages, known or unknown, which I might incur as a result of participating in the Activities with Vicky Tomsky Yoga, including those which may result from the negligence of Vicky Tomsky Yoga, it’s owners, it’s directors, it’s independent contractors, it’s instructors, it’s staff and participants.

  5. 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 Vicky Tomsky Yoga, its owners, directors, independent contractors, 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 Vicky Tomsky Yoga 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.

  6. 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.

  7. I hereby understand that the Vicky Tomsky Yoga may photograph, video, or otherwise record classes or events 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.

 

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 agreeing to this release 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.