LIVE WELL PRACTICE DISCLAIMER
(1) Introduction
This disclaimer governs our yoga classes.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to our yoga classes.
(2) Health and medical conditions
You acknowledge and represent that:
to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise
or
your doctor has approved your participation in our yoga classes.
You must inform us, as soon as possible, if:
– you suffer from any new injury, illness or other medical condition;
– you feel any pain or discomfort during a yoga class; or
– you feel that any exercise included in a yoga class would be unsafe or uncomfortable for you.
We may in our sole discretion prohibit you from participating in a yoga class, and you must comply with all of our instructions in relation to our yoga classes.
(3) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our yoga classes.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
– that you will not suffer from any injury arising directly our indirectly out of our yoga classes;
– that your fitness will measurably improve as a result of participation in our yoga classes; or
– that the yoga classes will continue to run for any specific period.
(4) Limitations and exclusions of liability
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 6 below; and govern all liabilities arising under the disclaimer or in relation to our yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga classes. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a yoga class.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(5) Exceptions
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
(6) Severability
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
(7) Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of England and Wales.
(8) Our details
In this disclaimer, “we” means (and “us” and “our” refers to) Jill Hogan trading as Jill Hogan Live Well.
(9) Instructors
The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.
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LIVE WELL PRIVACY POLICY
(1) Live Well (“we”) (“us”) respects your privacy. We are committed to storing and processing your personal data securely and using it effectively in order to protect your privacy and provide high-quality yoga instruction and related services.
This policy sets out the basis on which we process the personal information (data) provided by you. Please read this privacy policy carefully to understand what we do and what we expect of you, our clients.
Please note that by continuing to view beeyogaclasses.com or use our booking system momoyoga.com/live-well/ you are indicating your understanding of, and agreement with, the practices described in this policy.
For the purpose of the General Data Protection Regulation (GDPR) and other data protection laws applicable in the UK, the data controller for Live Well is:
Jill Hogan, Live Well, 70 Antrim Road, Lisburn, BT283DN
(2) We will collect and process the following information:
– Personal data, including your name, date of birth, postal address, contact information (email and phone number), emergency contact.
– Relevant and appropriate details of any medical conditions or other personal requirements to facilitate a safe and effective service.
– Live Well or Jill Hogan does not yet accept digital payment for services. When/if we do we will collect and process financial information, including your credit or debit card, or direct debit details using Stripe.
Other information we may collect and process:
– Information you provide when you use our website, booking system or any other processor service relating to our services; for example, dates or times of required classes.
– Information you provide if you report a problem with our website or booking system.
– Information you provide when you contact us for any purpose in person, in writing, by email, through our website or various social media platforms, or by telephone, including manual registration or booking forms, questionnaires, surveys, feedback forms. We may keep a copy of this correspondence, or a note or summary in order to facilitate our service.
– Technical details of your visits to our website and the resources that you access.
If you are aged 18 or under, please get your parent or guardian’s permission each time before you give us personal information. You are not allowed to provide us with personal information if you do not have this permission.
If you are providing information on behalf of another person, please get their permission each time before you give us their personal information. You are not allowed to provide us with personal information if you do not have this permission.
(3) We will use your information in the following ways:
– To provide a safe, personalised and high-quality service; for example: to respond to your questions or adapt our services.
– To support you when you access our services; for example: to facilitate your registration and use of our booking system.
– To provide you with information and services that you request from us; for example: a booking for the class of your choice.
– To notify you by email or phone of changes to our services; for example: when a class is cancelled, change of instructor, a new schedule of classes.
– To send you emails; for example: to verify your account when you register, a welcome email, booking confirmation or cancellation emails, birthday greetings, newsletters or instructions to facilitate the use of our services, special events.
– To ensure that our website and booking system work well and are user-friendly; for example: data may be analysed or used to troubleshoot a technical problem.
– To develop our services; for example: we may collect and analyse attendance to determine the schedule of classes or we may request qualitative or qualitative feedback to assess quality.
Please note:
Live Well accepts digital payment for services. When we do we will only use financial information to discharge our legal/regulatory duties and to process payments made by you for our services or products, or due to you by agreement; for example, refunds. Financial information may also be used to investigate financial transactions with our bank or payment processor.
(4) Third-party services
We use third-party services to process your personal data, including our internet booking service/payment system Momoyoga and an email marketing system (usually MailChimp). These and any other third-party providers used by us will collect, process and disclose your information to the extent necessary to allow them to perform the services they provide to us. Each such third party will act as a data controller in relation to the data that we supply to it and each will have their own privacy policy which will govern that third party’s use of your personal data. We recommend that you read these third-party policies.
Please also note that certain providers may be located in, or have facilities that are located in, a different jurisdiction to us. This means your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Live Well will not share your data with third parties for marketing purposes.
(5) Your safety, and information security
If your personal information changes, please inform us as soon as possible. This is particularly important in the case of a new email address, phone number or emergency contact.
You are responsible for the safe-keeping of passwords used to access our services. Please keep these passwords confidential and do not share them with anyone.
Likewise, Live Well will take all reasonable steps to keep your personal information confidential and secure. We will do this by adhering to best practice for information governance and technical security procedures related to our website and third party processor services, including careful password management, hardware protection, and safe working environments. This commitment extends to all instructors and other people that may be associated with Live Well, such as technical, financial or business advisors.
We will delete all personal information we hold on you if no longer wish to use Live Well’s services. We may retain anonymised information related to surveys or feedback. There may also be a legal requirement to keep specific information if there are unresolved financial or other issues.
(6) Your rights
Under the GDPR, you have a number of rights in relation to our use of your personal information. You may, for example, view your data, request corrections, or ask us to delete some or all of the data. There may be some limitations to these requests if they involve information we hold on other people or the removal of data we are required to keep by law. Please contact Live Well to talk about this if necessary.
(7) Changes to this privacy policy
We reserve the right to modify this privacy policy at any time so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our website and/or booking system. If we make significant changes to this policy, we will notify you by email.
(8) Legal basis for data processing
Article 6(1)(a) of the GDPR is the legal basis for the use of your personal information to complete a processing operation for which you have given specific consent (for example, booking a class or workshop).
Article 6(1)(b) of the GDPR is the legal basis for using the use of your data to fulfil a contract with you (for example, the effective provision of classes).
Article 6(1)(c) of the GDPR is the legal basis for the use of your data in order to comply with a legal obligation under UK law or guidance.
Article 6(1)(f) of the GDPR is the legal basis for the use of your data to pursue our legitimate interests in specific ways which might reasonably be expected.
(9) How to contact Jill Hogan
If you have any concerns regarding our use of your personal information, please contact us. Our contact details are:
Live Well
Email: livewell@jillhogan.co.uk
Mobile phone: 07825 005184
in devon