Welcome! You will find our service agreement and liability waiver below. Please don't hesitate to reach out with questions.

SERVICE AGREEMENT & MEDIA RELEASE

Welcome! 

Why You’re Reading this Document

The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward. Let’s do this!

In exchange for agreeing to work together with Breathing Space, you agree to be bound by the following conditions.

Contractual Terms

1. Parties. This Agreement is made between Breathing Space, LLC, a limited liability company based in Washington, DC (“Breathing Space”, “we”, “us”, and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

2. Our Commitment to You.  Here is what you can expect from us:

Breathing Space supports healthy families through yoga and wellness education. Offerings include yoga classes for newborn to adult, prenatal and postnatal yoga, yoga trapeze, parenting and breastfeeding support, infant massage and more.

3. What We Expect of You. Just as you are investing in us, we are also investing time and energy in you. For you to gain the most from our practice together and the Services, here is what we expect of you:

1. Time Integrity. While we understand life can be unpredictable, especially with children, please try to arrive early enough to remove shoes, stow personal belongings, and, if needed, visit the restroom before the scheduled class start time.  There is no limit for late arrivals for early childhood (babies and children younger than 5 years) but not all children transition equally well when late, so we recommend being early and participating in before-class visiting and ball play time (toddlers) whenever possible.
   
   Instructors will typically arrive to set u​p 15 minutes in advance of class and we always schedule 15 minutes between classes.​ Students are welcome to enter the lobby and classroom up to 15 minutes before class begins.

2. Be respectful of classes in session. Please do not enter the classroom or lobby if the class prior to yours is resting in final relaxation.
   
   The studio door may be locked after class starts. Please ring the bell if you arrive a few minutes late, but if the class appears to be in an opening meditation, please wait until warmups begin. The instructor may take a few minutes to let you in if they are engaged in an activity. Please listen for the automatic lock in case the instructor disengages it remotely. Adult classes do not permit arrivals more than 15 minutes late due to the risk of injury from missing warmups and disruption to the class flow.

3. Classroom and Lobby. Please help us keep the lobby and classroom nice for everyone.
   
   No food or drink, other than water in closed-top containers, is allowed in the classroom, with the exception of breastfeeding or bottles for infants and toddlers. If a snack must be eaten in the lobby, please take care not to leave crumbs.
   
   No shoes in the classroom space.
   
   Please store your belongings neatly in provided shoe and coat storage spaces. Bags and small strollers may be stored on the floor in front of art supply cabinets. Bring valuables into the classroom and store them in the cubbies. Breathing Space is not responsible for your personal belongings.
   
   Strollers may not be stored in the stairwell.

4. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Breathing Space (the “Term”). 

The Agreement may be terminated by either party at any time by providing 30 days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Schedule “A'' Services. 

Breathing Space reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Breathing Space.

 5. Registration and Payment. Most Breathing Space classes are offered in multi-week series, and we do not permit individual class sales (drop-ins), except where specified. Payment is required in advance of services. Detailed payment and pricing policies are posted on our website and are subject to change.

1. Series Registration. When registering for a class series, you reserve your space in a specific set of class dates. If you miss class, makeups are subject to the policies below.
    

2. Drop-ins. Individual date (drop-in) registration for select adult series classes is available on our website until 1 hour before class time. There is no on-site drop-in registration. A drop-in registration may be rescheduled one time if a last-minute conflict changes your plans.
    

6. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we drafted our cancellation and refund policy: 

1. Refunds and Withdrawals. All sales are final. Limited refunds may be available subject to the policies on our website. Timelines for refunds are specific to program type: multi-date series, single-date class, school year camp, and summer camp. All refunds are subject to a 20% service fee with a maximum of $20 per registration or product.
    

2. Makeups. Students who miss a class in a multi-class series may make up by attending any other appropriate class during the same semester. (Special restrictions apply to Yoga Trapeze and afterschool Yoga & Mindful Art.) Immediate family members are welcome to take the makeup class in the student’s stead. For example, the parent of a toddler enrolled in Tot Yoga may make up in an adult or prenatal class. A prenatal student may make up in preschooler yoga with their 3-year-old. Adult students may have any caregiver bring their infant to Baby Yoga & Play as a makeup. See more details on our website.
   
   There are no makeups in single-date classes, workshops, or camps. However, it is often possible to transfer your registration to a future program if you contact us more than 24 hours in advance. All refund policy timelines apply.
    

3. Cancellation / Reschedule Policy. Class series may be canceled due to insufficient enrollment. Individual class dates may be canceled if the instructor is unable to teach and a replacement instructor cannot be found or if there is a studio or weather emergency. If a replacement class cannot be scheduled, students will be issued refunds for the canceled class. If a class series is canceled, prorated refunds will be issued minus any classes that were held. Emergency class cancellations will be communicated by email and/or text message.
    

7. Attendance. Consistency in attendance benefits both parties. 

1. One adult must be present for any class described as family yoga or for children under 4 years old: Family Yoga, Preschooler Yoga, Tot Yoga, etc. Up to two adults are welcome to participate in these classes on a weekly basis, and the same adult need not be present every time.
    

2. Classes for children and teens 5 and older are for children only unless specified. Due to limited studio space and to respect the students, family members, and friends are asked not to observe these classes. Many of our venues are near cafes and shops.
    

3. Classes for adults are open to teens 16 years or older. Teens 13-15 years old may attend by permission with a parent/adult who is also participating.
    

4. Classes described as prenatal yoga are for the pregnant participant only. We occasionally offer workshops for partners or support persons to attend, which will be posted to our registration site when they are offered.

 8. Illness Policy & COVID-19 Precautions for In-Person Classes. For the safety and consideration of your fellow students and the comfort of your child, please do not attend class when ill or bring sick children to class or camp. 

1. Please keep sick child(ren) home from class if they have been experiencing any of the following in the previous 48 hours: fever, vomiting, an unexplained rash, diarrhea, conjunctivitis, mouth sores (especially in the oral-staged children), persistent and frequent cough that interferes with your child’s class involvement or poses a risk to others, extremely runny nose, or any other contagious illness.
   
   Children exhibiting cold or flu symptoms should refrain from in-person group activity for a minimum of 5-7 days from developing symptoms.
   
   Please note that older children too sick to attend school should not be tagging along to yoga classes.
   
   Our full illness policy and guidance is posted on our website and subject to change.
    

2. Coronavirus/COVID-19. By signing this agreement, you commit to following CDC isolation and quarantine recommendations for any known exposure to coronavirus/COVID-19 and will not attend or bring a child to in-person class or camp if you or they pose an exposure risk. Further, you agree to comply with public health contact tracing efforts and will notify Breathing Space if a family member is diagnosed with COVID-19 and has participated in Breathing Space in-person activities within 2 days of onset of symptoms or diagnosis. Read our full illness policy.
    

3. Mask Policy. As of Mar 1, 2023, community transmission for COVID-19 is low, so masks are optional in all classes and camps. Should conditions change, you agree to abide by DC public health regulations regarding masks for indoor, in-person activities and understand that Breathing Space policy may be more protective than DC regulations. Read our full illness policy.
    

4. COVID Vaccination Policy. Breathing Space strongly recommends all students stay current with COVID-19 and other vaccinations but will no longer be requiring vaccination or verifying documentation for classes or events with series start dates after April 1, 2023. This is subject to change as conditions warrant. Read our full illness policy.
    

5. Emergency Medical Treatment. You understand that in the case of an emergency when you are not present, your child will receive medical treatment at the nearest hospital. In the case that the emergency contacts you have provided are unreachable, you authorize a Breathing Space Family Yoga representative to seek medical treatment and make all related decisions on behalf of my child. 

9. No Guarantees. Breathing Space cannot guarantee the success of the Services. We promise to provide you with the opportunity and support to see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from my Services.

 10. Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used. 

11. Media Release. We think you’re awesome and want to show you off! By participating in the Services at Breathing Space, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or that you share with us online (via your own or others posting of you) as part of my online streaming, marketing and sales throughout the world and in perpetuity. You also release Breathing Space from all claims you may have relating to such use.

No person whose image is used will be identified by name. No images will be sold for other commercial purposes without express permission. Please let us know if you ever want us to stop using an image of you. 

If you do not wish yourself or your child to be photographed, Breathing Space will avoid featuring you or your child in images or capturing your faces whenever practical. You or your child may, however, appear in group shots, especially at camp. Please send us a note at inquiries@breathingspacedc.com AND communicate your preferences to your instructor if photographs are being taken. 

 12. Waiver. Before the Services can begin, you must sign our Waiver Agreement below. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that I can be absolutely sure you understand and agree to it.

Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of Washington, DC. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of Washington, DC.  Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by us of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

WAIVER AGREEMENT

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga together, either in person or online, and have you release Breathing Space of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes. 

If you are under the Age of Majority in  Washington, DC (18 years old), your legal guardian must also sign this Waiver on your behalf. 

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER. 

1. Parties.

We will refer to Breathing Space, LLC, a limited liability company based in Washington, DC, as “Breathing Space”, “us”, “we”,  or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

2. The Activities.

You may participate, in person or online, in yoga and exercise classes, sessions, events, workshops and more with Breathing Space. We offer levels of affirming and fun yoga classes, all of which may involve but are not limited to the following (“Activities”):

1. Stretching and flexibility training in the form of yoga poses, body weight and strength exercises, breath work, meditation, and relaxation.

2. The Activities may involve receiving physical touch from instructors, so please advise in advance if you do not want adjustments. 

3. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Breathing Space’s facilities, including outdoors. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities. 

4. The summer camp Activities may involve field trips, playground visits, and arts and crafts.

5. The Activities may involve partner work. Please advise us in advance if you do not want you or your child to participate.

3. Equipment

In the course of the Activities, you will use a variety of equipment, which may include, but is not limited to, blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls, yoga trapeze/ hammock/ swing (the “Equipment”). Please do not use any equipment not instructed by Breathing Space.

4. Inherent Risks

You understand that participating in the Activities poses inherent risks, some more obvious or more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. 

1. Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss. 

2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment. 

3. Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

4. Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

5. Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.

5. Affirmation of Health

By participating in any Activities with Breathing Space, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice yoga. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. 

6. COVID-19 & Infectious Disease

You agree to comply with all measures and policies implemented by Breathing Space and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.

1. Isolation and Quarantine. You commit to following DC DOH and CDC isolation and quarantine recommendations for any known exposure to coronavirus/COVID-19 and will not attend or bring a child to in-person class or camp if you or they pose an exposure risk. 

2. Consent to Cooperate with Contact Tracing. You understand and agree that Breathing Space may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes. 

7. Voluntary Assumption of Risk.

You have read this Waiver and understand the risks of participating in the Activities with Breathing Space. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the Activities with Breathing Space illustrates your voluntary engagement and assumption of the risks of the Activities. 

8. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Breathing Space, LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, class venues, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Breathing Space’s negligence, during your participation in the Activities with Breathing Space. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

9. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, session, events, workshops, and more, whether in person, online, or via video conferencing tool. 

10. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of Washington, DC. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of Washington, DC. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver. 

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

 

Privacy Policy

Your privacy is very important to us.

No personally identifying information is required by, collected by, or stored at www.breathingspacedc.com

We partner with several third party vendors to provide services, including an online registration system and checkout and email newsletter.

Any personal information you choose to give us – by email, in person, or via a third-party vendor – will only be used to help us provide you with the highest quality services, products, and support.

We will not share, rent, or otherwise disclose your personal information to unrelated third-parties or advertisers without your consent.

Submission of Personal Information and Email Newsletters

Any personal information collected as a result of this website is entirely voluntary and will only be used to provide information and services requested.

Breathing Space uses MailChimp.com to manage e-mailing lists and deliver e-newsletters. Contacts end up on our Mailchimp list in any of the following ways:

• Visitors are invited to subscribe to our e-mailing list in several places on this website and that information is submitted directly to Mailchimp and not stored at breathingspacedc.com.
• Students who have opted to receive emails from us when registering for a program through our MainStreetSites class registration system will be added to the email newsletter list. Students may unsubscribe from the email newsletter and still receive notices about their enrolled classes through the MainsStreetSites registration system.
• Lactation and doula services clients who provide information via IntakeQ scheduling are not automatically added to the newsletter list, but are invited to follow the link in confirmation emails leading to a MailChimp subscription form.
• Contacts who completed website or email surveys or provided their email at an event may have opted to receive newsletters and would be manually added to our email newsletter list.

You can update your mailing preferences and opt out of email newsletters at any time by contacting us or following the link at the bottom of every newsletter.

Mailchimp has a strong anti-spam and privacy policy which you can read here.

Class Enrollment and Communications through Main Street Sites

Breathing Space uses the class management system Main Street Sites (MSS) to handle registration and payments for classes, camps, and some private appointments as well as some communications. MSS is secure and PCI-compliant. While hosted on MSS, Breathing Space owns the client data and MSS does not contact clients directly.

• Students who opt out of email notifications when signing up for class will receive purchase receipts and emergency scheduling notifications through the Main Street Sites emailer. These students will not receive pre-class/camp informational emails, notices about upcoming semester enrollment opportunities, or email newsletters.
• Students who have opted to receive emails from us when registering for a program through our MainStreetSites class registration system will receive:
  • email newsletters highlighting program offerings through MailChimp. Students may unsubscribe from the Mailchimp email newsletter and still receive
  • messages specific to enroll students, class reminders, and notices about upcoming semester pre-registration through Main Street Sites
• Use the unsubscribe links at the bottom of any message to manage your subscription or contact us about customizing your messages.

 

Policies for Children (individuals under 13 years of age)

This website does not target children or solicit or knowingly collect user-identifiable information from children under the age of 13. No information should be submitted to or posted at this website by visitors under 13 years of age. We do not knowingly accept online requests for information from guests under 13 years of age.

Parents who submit information on their children, either for class registration on MainStreetSites or individual consultations through IntakeQ, should be the legal guardian of those children with the right to make decisions on their behalf.  Children’s information is never shared with marketers or unrelated 3rd parties, but may be shared to instructors or administrators at schools hosting our programs.

Payment Information Privacy

Breathing Space processes credit card payments through MainstreetSites/NMI (online), WooCommerce/Stripe (online), IntakeQ/SquareUp (online), Paypal (online), Xero/Stripe (email invoices), and SquareUp (in person, by email invoice). Read about their policies on their respective sites.

If a client submits a paper registration form, payment information is only stored on paper long enough to process the payment.

Breathing Space complies with applicable payment privacy laws and Payment Card Industry Data Security Standard (PCI DSS) processes.

External Links

This site may contain links to other websites. Breathing Space is not responsible for the privacy practices or the content of such web sites.

Amazon Affiliate Links

Breathing Space is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com

When we post links to books or other products we recommend, we use a link that could generate advertising revenue. You will find the above disclaimer duplicated and affiliate links noted where relevant.

Questions

Any questions about our website or privacy policy should be directed to us via our contact page.