Terms & Conditions

Terms and Conditions

Below you will find the general Terms & Conditions for YogaLAP. If you want to use any of our services, including our websites or other online spaces, you must agree to, conform to and be legally bound by the terms and conditions described below. If you disagree with any of these terms and conditions, please do not use this website.

Definitions and Applicability

These terms and conditions have been drafted by YogaLAP, offices located at Rua da Bica Sagres, Portugal.

Deviations from and additions to these general terms and conditions are only valid if agreed upon, in writing, by all parties involved.

In these terms and conditions, the following terms are to be understood under their subsequent definition:

Client: the natural or legal person who has instructed the contractor to supply or manufacture goods or services;

Contractor: the applier of the general conditions, in this case YogaLAP, offices located at Rua da Bica Sagres, Portugal.

The applicability of any alternate purchase conditions or other conditions of the customer is explicitly rejected.

Any and all electronic communication and/or faxes are regarded as written documents. Electronic data traffic is defined as messages sent by email, Web, EDI (Electronic Data Interchange) and comparable forms of data transmission.

A client who enters a contract under the Terms & Conditions as they exist at the time of agreement, accepts the applicability of these conditions to subsequent agreements between contractor and client.

Our privacy policy is part of, and subject to, these terms and conditions. Our privacy policy can be found on this website.

Offer and Acceptance

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and supervision of a parent or legal guardian. If you are a minor, please do not disclose any personal information to us or any other website visitors without the permission and supervision of a parent or legal guardian.

Participants are registered on a first-come, first-served basis. If the maximum number of participants has been reached, the Contractor is free to refuse the Client’s application, and may offer an alternate activity. The Contractor is not obliged to compensate any damages incurred by the client.

Price and Payment

All cost estimates and budgets issued by the Contractor are provisional, unless explicitly stated otherwise by the Contractor. A Client cannot lay claim to any rights or expectations based on cost estimates issued by the Contractor. The available budget, calculated by the Client and communicated to the Contractor, cannot be regarded as the agreed upon price for the services to be performed by the Contractor. The Contractor is obliged to notify the Client in the event that costs exceed the estimate or budget issued by the Contractor, unless a written agreement to the contrary has been reached between the parties.

Payments are to be completed all at once, unless expressly agreed upon otherwise in writing.

If a Client and Contractor have come to an agreement with regard to payment in installments or on-going recurring payments, the contractor is within rights to adjust the relevant prices and rates with a 60 day notice prior to this adjustment. If the Client does not accept the adjustment, the Client is entitled to termination of the agreement in writing. The Client must object within 30 days of being notified of the agreement. The agreement will be terminated on the date on which the adjustment would have come into effect. The client is not entitled to termination, however, if the parties have agreed in writing that the applicable prices and rates shall be adjusted in compliance with an agreed upon index or other measure.

Information, documentation and confidentiality

The Client must provide the Contractor with all the information about himself or herself, and about any participants registered by the Client, that may be relevant to the viability and consummation of the contract. This information is to be provided, at the latest, upon conclusion of the agreement.

The Client must provide the Contractor with relevant information on any physical and/or mental conditions —including the use of alcohol, drugs or medication— as these can lead to discomfort, danger or risk to the Client, Contractor or other participants or their possessions.

The Client is required to have on his person all relevant documents, such as a valid passport, identity card, travel permit, proof of inoculations and/or vaccinations, license and green card. If an activity cannot take place due to a missing document, the Client is solely responsible for any and all direct consequences.

The Client is responsible for obtaining any information and/or documents from the authorities that are required in order to participate in our activities.

The Client and the Contractor shall ensure that all data received from the other party that is known to be, or should reasonably be known to be, confidential, is to remain secret. The party receiving the confidential information shall only use it for its designated purpose. Information shall in any event be considered confidential if one of the parties has marked it as such in advance.

Intellectual property rights

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail.

The Contractor continues to be the sole proprietor of all property rights surrounding all documents submitted by the Contractor, including drawings, models, materials, designs, illustrations, photographs, films, procedures, methods, texts, or any other common audiovisual, visual or written documents or data carriers.

If you believe that your intellectual property rights have been infringed upon, please notify us by email, or by post. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

Cancellation of the Agreement

Each party is entitled to termination of the agreement when relevant particulars of the agreement have not been met in full, provided that the other party —after having been provided a detailed written notice of default, stating a reasonable time period for remedying the failure— attributable fails to fulfill essential obligations from the agreement  Payments and other obligations that remain due in accordance with the agreement, and always regarded a essential obligation.

Agreement that does not have a set expiration date, and have not ended automatically by virtue of fulfillment of the requirements, may, after proper deliberation, be terminated by either party. Request for termination is to be made in writing, by clearly stating the reasons. If no notice was agreed upon between the parties, a reasonable period to submit the notice shall be observed. A reasonable notice for termination by the Contractor is a minimum of two months.

The Contractor is entitled to terminate the agreement immediately if, during an activity, the Client does not have the required (physical) condition to continue the activity. Contractor is not liable for any damage as a result. Nor is the contractor obliged to return the implementation of the contract payments made by the client.

The Contractor shall be entitled to terminate the contract immediately if the client does not follow the guidelines and / or instructions given in the context of safety. Contractor is not liable for any damage as a result. Neither is the contractor obliged to return the payments made by the client for the completion of the agreement.

The Contractor is entitled to terminate the agreement and cancel the activity if 7 days before the starting date of the activity less than the minimum number of participants signed up. If the contractor makes use of this power, then the Client will recover any payments. Nevertheless, the client is not entitled to interest or compensation for other damages.

Within 30 days after an online booking or purchase, the Client may cancel without cancellation fee notwithstanding any shipment costs which come at the expense of the Client. In case of cancellation of an activity by the client up to 30 days before the start of the event, the Client’s cancellation fee – owned to the contractor – amounts to 50% of the principal sum and any additional costs. In case of cancellation by the Client within 14 days of days of the start of the event, cancellation fee amounts to 100% of the principal sum and any additional costs.

The Client is entitled to nominate a replacement participant in case of cancellation, up to 48 hours before the start of the activity provided by the contractor. In case the replacement candidate is accepted by the contractor, and a valid agreement between the contractor and the replacement candidate has been realized, then the Client will owe no penalty to the Contractor. The Client, however, does remain jointly and severally liable, besides for the replacement participant, for all obligations arising from both contracts against the Contractor.

Cancellation and / or nomination of a replacement candidate by the Client must be in writing.

Disclaimer

Nothing about YogaLAP should be taken as medical advice. We may offer suggestions regarding physical and mental health —in the form of suggested exercises, nutrition, daily patterns, etc.— but such information is merely intended for educational and informational purposes, and we do not profess legitimate medical expertise. Furthermore, no recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult medical professionals.

YogaLAP dba Michaël Bijker,  is not a licensed medical doctor, therapist, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, neuroscientist, or other formally licensed healthcare professional, practitioner or provider of any kind. Michaël Bijker (YogaLAP) does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy.

The information provided on and accessible from this page/website and our workshops is for informational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should not use this information for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.

Liability and Insurance

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions

The total liability of the contractor due to a shortcoming in the fulfillment of the agreement or any other reason, explicitly including any failure in the performance of a Client agreed warranty is limited to the amount of the price stipulated in the agreement (excl. VAT). In case of damage due to death or injury, liability is limited to five times the amount of the agreed upon contract price (excl. VAT). The limitation of liability shall apply mutatis mutandis to any indemnification obligation of the Contractor. If the agreement is primarily a continuing performance agreement with a term exceeding one year, the price stipulated for the agreement shall be set at a maximum of 50% of the total of the fees (excl. VAT) for one calendar year.

The Contractor’s liability for indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims by customers of the Client, damages related to the use of prescribed materials by the Client to the Contractor, damages to equipment or software of third parties prescribed by the Client to the Contractor are excluded. Also excluded is the liability of the Contractor on account of mutilation, destruction or loss of data or documents.

The condition for the existence of any right to compensation is always that the damage must be reported in writing by the Client to the Contractor as soon as possible after its occurrence. Any claim to damages against the Contractor shall be extinguished by the mere lapse of three months after the claim arises.

Client shall safeguard the Contractor against all claims from third parties.

The Client shall be adequately insured for all damages and any consequential damage on all possible claims that may arise during the activity and will stay adequately insured during the execution of the agreement.

The Client shall in any case have the following insurances (I) health insurance (II) liability (including liability for damage caused to persons and / or property owned by the Client) and (III), travel and / or mountaineering insurance (IV) an insurance on loss and damage to property and affairs of both clients and Contractors (causes including fire and theft)

Applicable Law and Dispute

The agreements between Contractor and Client are governed by Dutch law. The Vienna Sales Convention 1980 is excluded.

All arbitration must occur in Holland. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the Dutch arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees

Disputes arising between the Contractor and the Client following an agreement between the Contractor and the Client or as a result of further agreements resulting therefrom shall be settled by the Amsterdam District Court.

 

Terms of Use

Below you will find the Terms of Use that apply to our website, products and services; both those purchased and those provided free of charge. If you want to use any of our products or services, including our websites or other online spaces, you agree to, conform to and are legally bound by the terms and conditions described below, as well as by the more detailed Terms & Conditions. These Terms of Use were last updated on November 23, 2020.

If you disagree with any of these terms and conditions, please do not use OUR website, SOCIAL MEDIA OUTLETS, OR ANY OF OUR PRODUCTS AND SERVICES.

(We hope this is all common sense and not surprising in any way, and) If you find fault with any of our terms and conditions, or deem any part unclear in any way, please contact us info@yogalap.com

Think Before you Act

As with all physical activities, application of YogaLAP and any related practices entails some degree of physical and mental risk. Be cognizant of your own capabilities and limits, both physical and mental, and act accordingly. If you have any concerns or questions regarding particular exercises, always feel free to reach out to us or the YogaLAP-community or our support via info@yogalap.com

Adhere to the following precept at all times: NEVER CONDUCT YOGALAP-RELATED ACTIVITIES IN PLACES WHERE LOSING CONSCIOUSNESS IS EXTREMELY DANGEROUS (e.g. in water, whilst driving, etc.).

Take Responsibility of Your own Actions

When you act on knowledge or insight, perceived or otherwise, pertaining to YogaLAP, and related matters discussed on our online spaces (e.g. websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily, and assume full responsibility. Accordingly, you agree to not hold Innerfire or its representatives, agents, suppliers, etc. responsible for any injuries or damages (you may incur) as a result.

Take it easy – It’s NOT a Competition

The YogaLAP and associated exercises and techniques are not meant/intended to be performed in a competitive context. Go at your own pace and do not let your ego get in the way. Challenge yourself and show commitment, but don’t exceed personal limits in order to prove something to yourself or others. For most people, practicing the Method in a calm and consistent manner yields amazing results.

We are NOT doctors, medics or a medical institution

Nothing about YogaLAP should be taken as medical advice. We may offer suggestions regarding physical and mental health —in the form of suggested exercises, nutrition, daily patterns, etc.— but such information is merely intended for educational and informational purposes, and we do not profess legitimate medical expertise. Furthermore, no recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult medical professionals.

Privacy policy
YogaLAP is committed to ensure that your privacy is protected, and personal information is used to our mutual benefit only. We do require some personal information so that we can tailor our product to your profile. In order to optimize our services, we may use your information in the following way:

–    We may use the information to improve our products and services. We may periodically send promotional emails about new activities, products, special offers or other information which we think you may find interesting, using the email address which you have provided. You will of course retain the option to not receive this promotional material.

–    We may use the information to customize the website according to your interests.

–    We may contact you with specific information or requests, either by email, phone, or post.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you agree to this when prompted.

If you believe that any of your personal information we have is incorrect or incomplete, or if you wish to access or delete the personal information we hold about you, please e-mail us and we will assist you at once. info@yogalap.com