Terms of Use
Effective Date: Dec 11, 2023
1. Introduction
Welcome to Danielle Brinker. This website, www.daniellebrinker.com (the "Site"), is owned and operated by Danielle Brinker ("we", "us", or "our"). By accessing and using this Site, engaging in our services, or participating in our sessions, you agree to the following Terms of Use, which incorporate our Waiver of Liability.("Terms") and all applicable laws and regulations. If you do not agree with these Terms, you must not access or use this Site. These Terms apply to all users, including those who book sessions or make purchases through our site
2. Acceptance of Terms
By accessing and using our Site and services, you accept and agree to be bound by the terms and provision of these Terms and acknowledge and agree to our Waver of Liability. These Terms apply to all users and others who access the Site or any of our services.
3. Changes to Terms
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
4. Health and Safety Acknowledgment
You acknowledge that it is your responsibility to inform the instructor, host, or "healer" of any limitations before a session begins. You represent that you are in good physical health and do not suffer from any condition that would limit your participation in our offerings. Consult with a healthcare provider before participating in any activity associated with Danielle Brinker. You represent and warrant that you are in good physical health and do not suffer from any medical condition which would limit my participation in the experiences offered by The Yoga Barre LLC and Danielle Brinker. You acknowledge that it is your responsibility to consult with a physician prior to and regarding your participation in any of the offerings offered by Danielle Brinker and daniellebrinker.com.
5. Waiver and Release of Liability
You agree to waive and release daniellebrinker.com, The Yoga Barre LLC, its owners, employees, and instructors from any claims related to your participation in our programs. This includes any risks, injuries, or damages that may occur as a result of your participation. I hereby WAIVE AND RELEASE The Yoga Barre LLC, Wayshowr, its owners, officers, employees, and instructors from any claim, demand, cause of action of any kind resulting from or related to my participation in the programs offered. In taking part in the yoga classes, ceremony, sessions, workshops, or other activities with The Yoga Barre LLC & daniellebrinker.com, I understand and acknowledge that I am fully responsible for any and all risks, injuries, or damages, known or unknown, which result of my participation in the classes, workshops, sessions, or other activities.
6. Professional Advice Disclaimer
Our services and content are not substitutes for professional medical advice. Danielle Brinker’s representatives are not licensed health professionals. You agree to consult with a medical professional before making any health-related decisions based on our services or content. You acknowledge that Wayshowr’s representatives and owner are not licensed physicians, psychotherapists or other licensed health professionals and understand that Health/Wellness/spiritual/energetic experiences and information shared through Wayshowr is not intended to diagnose, treat, prevent or cure any disease or condition. Any insight or experience shared is based on personal experience, intuition, and energetics, and is open to your own personal interpretation, it should not be a substitute for the advice, treatment and/or diagnosis of a qualified licensed professional. You understand that any methods used, are considered alternative or complementary to any licensed therapies and agree to consult my medical professional before making any changes to your wellness plan. Wayshowr and its representatives are not acting in the capacity of a doctor, licensed dietician, psychologist or any other licensed/registered professional. You acknowledge and agree that there are no guarantees when working with energy and spiritual work. and that working with energy can effect the physical body. You agree that you have consulted any medical professionals you deem necessary to make sure that this work is safe for you. You acknowledge and agree that the services exchanged are NOT meant to substitute the legal medical guidance of, aid in, or cure any ailments or illnesses you may have prior to seeking these services. You agree to not hold Danielle Brinker, The Yoga Barre LLC, the business and/or persons, legally responsible for any unfavorable physical, mental, or emotional outcomes. You agree to take full responsibility for my self-care in the emotional, mental, physical, and spiritual dimensions of my life.
7. Content
The content on this Site is provided for general information purposes only. It is not intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
8. Online Booking and Purchases
If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, email address, phone number, and credit card information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.
9. Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of Wayshowr and its licensors. Our Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.
10. Limitation of Liability
In no event shall daniellebrinker.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Site, and our services.
11. Indemnification
You agree to defend, indemnify and hold harmless daniellebrinker.com, Danielle Brinker, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of these Terms.
12. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Washington State, without regard to its conflict of law provisions.
14. User Content License to Danielle Brinker
By sharing, posting, or submitting any content (including comments, blog entries, social media posts, photos, and videos) to us via the Site or other communication channels, you represent that you are the owner of the content, or have express consent from the owner, and that you are at least thirteen years old.
In sharing this content, you provide us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, global license to use, alter, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the content. This includes the right to exploit any proprietary rights under copyright, trademark, service mark, or patent laws in any jurisdiction. As part of this, you grant us the right to identify you as the author of any content by name, email address, or screen name, as we deem appropriate.
Any original content you create for us may be considered a "work made for hire" under Section 101 of the U.S. Copyright Law, which would make us the author and exclusive owner. If any content is not deemed a "work made for hire," you agree to assign all proprietary rights, including copyrights and trademarks, to us without additional compensation.
You understand and agree that we have the right, but not the obligation, to use and display any content. We may choose to stop using or displaying any content at any time for any reason.
By using our Site, you agree to be bound by these Terms of Use, and you accept responsibility for your actions on our Site. If you do not agree to these Terms, please do not use our Site.
15. ‘No Refund’ Policy
Please note that daniellebrinker.com operates a 'No Refund' policy. All sales of services and products, including but not limited to classes, workshops, healing sessions, courses, and merchandise, are final and non-refundable.
Before making a purchase, we urge you to carefully review your selection, the product information, pricing, and the terms of the sale. If you have any queries or uncertainties, please contact us prior to completing your purchase.
In the event of a service cancellation initiated by Wayshowr, we will make every effort to reschedule the service at a mutually convenient time. If a rescheduling is not possible, we will issue a credit note for the value of the cancelled service, which can be used for any other service or product available on our platform.
Please note that this No Refund policy applies regardless of the reason for your inability to use the purchased service or product, including but not limited to scheduling conflicts, illness, or any other personal circumstances.
16. Complete Agreement
These Terms, including the integrated Waiver of Liability, constitute the entire agreement between you and daniellebrinker.com regarding our services and supersede all prior agreements.
17. Acknowledgment
By using our Site or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use & Waiver of Liability. If you are a parent or guardian, your agreement also applies to any minor children for whom you are responsible.