Disclaimer

I. Basic Terms of Use

    • Welcome to Marianne Wells, LLC. By using this website (“Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Marianne Wells, LLC, provider of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Marianne Wells, LLC whose registered office is 18602 Schroers Farm Road, Eden Prairie, MN 55347. The term “you” refers to the user or viewer of our Site.
    • The use of the Site is subject to the following terms of use:
      1. The content of the pages of the Site and courses available on the Site is for your general information and use only. It is subject to change without notice.
      2. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
      3. Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which is reproduced in Section II, below.
      4. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
      5. Cancellation Policy. Program payments are refundable up to forty-six (46) days prior to session, less a $195.00 non-refundable registration deposit. Additionally, up to forty-six (46) days prior to the program session start date, students may transfer to another training session that takes place within the following twelve (12) months of which their original session was scheduled. Final payments are processed and due forty-six (46) days before program sessions begin. No refunds or transfers for any payments will be provided within 45 days prior to program session start date.
        1. Procedure for cancellation. You must provide written notice that is received by Provider no later than forty-six (46) days prior to the program session start date. Written notice can be e-mailed to either marianne@mariannewells.com or ajna@mariannewells.com or can be mailed via United States mail to the registered office address above.
      6. This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
      7. All content, products and services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
      8. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
      9. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
      10. You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
      11. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
      12. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of Minnesota, United States of America and applicable federal law without regard to conflicts of laws principles.

 

II. Privacy Policy

  • Marianne Wells is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with us (the phrases “personally identifiable information” or “personal information” mean any information by which you can be identified, such as your name, address, telephone number, etc.). The purpose of this privacy policy is to inform you what personally identifiable information or personal information we may collect from you when you visit our Web sites, how we use such information, and the choices you have regarding our use of, and your ability to review and correct, the information. This policy applies only to users accessing our Web site from the United States.
  • Limited Liability
    1. By using or accessing this Web site you signify your acknowledgment and assent to the Privacy Policy set forth in this section II. If you do not agree to this policy, please do not use this Web site. The Company can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. This policy is intended to help you understand how Marianne Wells its subsidiaries and affiliates (”Marianne Wells,” ”we,” or ”us”) collect, use and safeguard the information you provide on our Web site.
    2. Personal information provided by users who are 13 or more years of age may be used for marketing and promotional purposes only by Marianne Wells and its subsidiaries and affiliates with permission from the user. Marianne Wells does not rent, sell or otherwise distribute to third parties, your personal information entered on this site. While we use all reasonable efforts to safeguard the confidentiality of your information, Marianne Wells will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. Marianne Wells also reserves the right to change or update this policy, or any other policy or practice, at anytime, with reasonable notice to users of its Web site. Any changes or updates will be effective immediately upon posting to the Marianne Wells site
  • Personal Data
    1. If you browse any Marianne Wells Web site, you may generally do so anonymously without providing any personal information. However, there are cases in which we may ask you for personal data. For example, we will occasionally conduct on-line surveys to better understand the needs and profile of our visitors. In addition, we may request personal information when you register to receive additional information regarding our products and services, sign up for a newsletter, or send us a question. Even if you choose not to give information we request, you can still visit most of the Marianne Wells Web site, but you may be unable to access certain options, offers and services.
    2. In case you change your mind or wish to update or delete personal information (such as your zip code), we will endeavor to correct, update or remove the personal data you give us. You can do this by contacting us at the contact points specified below.
  • Marianne Wells Mailings
    1. If you provide us with personal information we will not automatically place you on any list to receive e-mail or for any phone list. Marianne Wells firmly believes in exercising a permission-based marketing strategy.
  • We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Marianne Wells’ Web site content and advertising to deliver a better experience to our users.
  • Cookies and IP Tracking
    1. This site may use cookies for site administration purposes. If for any reason you wish to not take advantage of cookies, you may have your browser not accept them.
  • Special Cases
    1. Marianne Wells reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Marianne Wells Web site users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.

 

III. Acknowledgement and Assumption of Risk of Study Abroad

 

  • Limitation of Liability
    1. In addition to the limitation of liability addressed in Section I(B)(10) above, you agree as follows:
      1. I understand that participation in the Marianne Wells Yoga Teacher Training Program (herein referred to as MWYTT) may bring inherent risks incurred by travel and activity beyond the accepted safety of life at home or work. These risks include risks of property damage and bodily or personal injury, including injury that may prove fatal, to myself or others. These include risks involved in traveling to and within, and returning from, one or more foreign countries; foreign political, legal, social and economic conditions; different standards of design, safety and maintenance of buildings, public places and conveyances; local medical and weather conditions. There may be risks specific to foreign countries through which I will travel, and I understand that I may access up-to-date information about foreign countries compiled by the S. State Department. I understand that Marianne Wells LLC, and its officers, employees, agents, and representatives cannot and does not assume responsibility for any such personal injuries or property damage. Knowing the dangers, hazards, and risks of such activities, and in consideration of being permitted to participate in the MWYTT and for Marianne Wells LLC arranging said participation, I agree to be responsible for my own welfare, assume any and all risks and responsibilities surrounding my participation in the MWYTT, the transportation, and in any independent activities undertaken as an adjunct thereto, including all risks I encounter while I am traveling independently or am separated from the MWYTT.
      2. Health and Health Insurance. I hereby assure Marianne Wells LLC that I have consulted with a qualified medical doctor with regard to my personal needs such that I can and do further state that there are no health-related reasons or problems which preclude or restrict my participation in this MWYTT. I am aware of all applicable personal medical needs. I absolve Marianne Wells, LLC of all responsibility and liability for any injuries, illnesses, claims, damages, charges, bills and/or expenses I may incur while I am abroad. I understand it is my responsibility to secure sufficient and adequate health insurance coverage. I understand that I am financially responsible for all of my medical expenses, costs of medical evacuation, and repatriation, whether covered by insurance or not. I agree to report to Marianne Wells LLC any physical or mental condition I have which may require special medical attention or accommodation during the MWYTT at least 15 days prior to departure. I further agree that Marianne Wells LLC is granted permission to authorize emergency medical treatment, if necessary, and that such action by Marianne Wells LLC shall be subject to the terms of this Agreement. I understand and agree that Marianne Wells LLC assumes no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
      3. Institutional Arrangements. I understand and acknowledge that Marianne Wells LLC assumes no responsibility or liability, in whole or in part, for any delays, delayed or changed departure or arrival times, fare changes, dishonors of hotel, host families, airline or vehicle rental reservations, missed carrier connections, sickness, disease, injuries (including death), losses, damages, weather, strikes, acts of God, circumstances beyond the control of Marianne Wells LLC, force majeure, war, quarantine, civil unrest, public health risks, criminal activity, terrorism, expense, accident, injuries or damage to property, bankruptcies of airlines or other service providers, inconveniences, cessation of operations, mechanical defects, failure or negligence of any nature howsoever caused in connection with any accommodations, restaurant, transportation, or other service or for any substitution of lodging or of common carrier beyond Marianne Wells LLC’s control, with or without notice, or for any additional expenses occasioned by any of the foregoing. If due to weather, flight schedules or other uncontrollable factors I am required to spend additional nights, Marianne Wells LLC will not be responsible for my hotel, transfers, meal costs or other expenses. My baggage and personal property is transported at my risk entirely. Marianne Wells LLC recommends purchase of travel insurance that is sufficient to cover all costs, including the training fee. Such insurance is to be purchased at my sole expense and I assume all risks related to such purchase of insurance. Failure to be present for all instruction will disqualify me from certification, as I will not receive sufficient contact hours of instruction to qualify under the guidelines set forth by Yoga Alliance. Therefore, it is my responsibility to obtain appropriate travel insurance to cover any financial losses that I may incur.

 

IV. Standards of Conduct

  1. Marianne Wells LLC reserves the right to decline to accept or retain me in the MWYTT at any time should my actions or general behavior impede the operation of the MWYTT or the rights or welfare of any person. I shall comply at all times with all MWYTT’s policies, standards, and instructions for student behavior as guided by Yoga Alliance Code of Conduct. Similarly, if my conduct violates any policy, standard, instruction, or procedure of MWYTT, I understand that I may be required to leave the MWYTT, as determined in the sole discretion of Marianne Wells. In such an event, no refund will be made for any unused portion of the MWYTT. I understand that Marianne Wells Yoga School is registered with Yoga Alliance; that successful completion of the MWYTT requires attendance to every day of instruction, my active participation in group discussions and activities related to the course curriculum and practice instruction sessions, and requires that I will work cooperatively within a group setting while respecting the rights or welfare of any person involved in the training. I also acknowledge that in order to receive a certification I will demonstrate fundamental knowledge to instruct students in various yoga postures and movements safely including proper use of breath and safe adjustments to observed student yoga postures. I understand that each foreign country has its own laws and standards of acceptable conduct. I recognize that behavior which violates those laws or standards could harm my own health and safety. I acknowledge and understand that I shall personally attend to any legal problems I encounter with any foreign nationals or foreign government using my own personal funds. Marianne Wells LLC shall not be responsible for providing any assistance undersuch circumstances.

V. Binding Arbitration

  1. Any controversy or claim arising out of or relating to this contract and its terms and conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its commercial arbitration rules. The number of arbitrators shall be one. The place of arbitration shall be Eden Prairie, Minnesota or the city in which the American Arbitration Association conducts arbitrations that is closest in proximity to Eden Prairie, Minnesota. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Acceptance: I hereby acknowledge that I have read, understand and will abide by each of the terms and conditions specified in this contract. I understand it is a legal contract and affects any rights I have if I am injured or otherwise suffer damages as a result of participation in this MWYTT. I am at least 18 years of age on this date.