1.1 These Terms and Conditions apply to all contracts between Mareike Leitermann, Galileiplantsoen 84 1, 1098NC Amsterdam, hereinafter referred to as "Teacher," and her clients, hereinafter referred to as "Participants."
1.2 All offers are intended for Participants who are 18 years of age or older.
1.3 Individual agreements, as well as supplementary arrangements, take precedence over these Terms and Conditions to the extent they are recorded in writing.
1.4 The contract language is English.
2. Conclusion of Contract
2.1 The presentation of various yoga courses on “studio-mayoga.com” does not constitute a binding offer. It is instead a non-binding invitation to book an online yoga course.
2.2 By clicking the "Buy Now!" button, the Participant submits a binding offer (Germany: § 145 BGB; Netherlands: BW 6:217).
2.3 The contract is concluded upon sending the order confirmation by email, along with the Participant’s access details for their booked course.
3.1 This is a service contract. Specific outcomes, such as individual training results, are not guaranteed.
3.2 It is expressly noted that being a yoga teacher is not an accredited profession.
4. Fees
4.1 Fees are based on the price displayed during the ordering process and are confirmed again in the invoice attached to the confirmation email.
4.2 Fees must be paid prior to course delivery.
4.3 Payment can be made via PayPal, credit card, instant transfer, prepayment, or SEPA direct debit. Cash payment is not accepted.
4.4 If payment is returned without authorization or the payment method cannot be charged, the Participant will be in default.
5. Participant Obligations
5.1 By submitting the contract offer, the Participant confirms she is physically fit for sports. The Participant is required to provide all information requested by the Teacher truthfully and completely and to notify the Teacher of any change in health.
5.2 If the selected service poses health risks due to the Participant's health status, the Teacher will inform the Participant, who is then obligated to consult a physician to confirm her ability to participate in the training.
5.3 The Participant must inform the Teacher of any physical impairments, such as dizziness, nausea, or unusual pain, occurring during a training session.
5.4 The Participant is prohibited from using any addictive substances before or during training. Prescription medication may only be taken as prescribed by a doctor.
5.5 The Participant is responsible for ensuring that her training equipment (e.g., cushions, yoga blocks, yoga straps) is in good condition, that there is adequate space to perform exercises, and that exercises are conducted on a non-slip yoga mat.
5.6 A suitable internet connection and a current browser are required for online course participation. The Participant must also register with a third-party provider (e.g., Zoom App) to participate in the courses.
6. Right of Withdrawal for Consumers
If you are a consumer (Germany: § 13 BGB; Netherlands: BW 6:230o and BW 6:230m), meaning your participation in the courses is primarily unrelated to your business or self-employed professional activity, you have a right of withdrawal as per the following:
6.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform me:
of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by email).
6.2 Consequences of Withdrawal
If you withdraw from this contract, I will refund all payments received from you promptly and within fourteen days of receiving notice of your withdrawal.
Your right of withdrawal expires early if you agree to the immediate use of my online offer and confirm your awareness that you waive your right of withdrawal by agreeing to the immediate start of the contract’s execution.
7. Availability
For technical reasons, uninterrupted availability of online courses cannot be guaranteed. The Teacher is not liable for outages due to maintenance, force majeure, technical issues with the internet, or other circumstances beyond her control. The display quality of online courses may vary depending on device and internet connection speed.
8. Copyright
Recording and distribution of the Teacher’s online services are strictly prohibited.
9. Liability
9.1 Claims for defects must be submitted to the Teacher in writing and will be rectified within 14 days. Otherwise, the Participant may withdraw from the contract.
9.2 The Teacher is liable only for intentional and grossly negligent actions as per legal requirements.
9.3 Claims for damages from tort are excluded unless caused intentionally or by gross negligence.
9.4 In cases of slight negligence, the Teacher is only liable for a breach of essential contractual obligations or if delay or impossibility is present.
9.5 Liability for slight negligence, tort, and futile expenditures is limited to foreseeable and typical damages.
9.6 Liability limitations do not apply in cases of fraud, injury to life, body, or health, or for legal defects.
9.7 The Teacher is not liable for false or incomplete health information provided by the Participant or for any consumption of performance-enhancing drugs without medical supervision.
9.8 The Teacher assumes no liability for incorrect exercise execution by the Participant.
10. General Information on Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. The Teacher is neither obligated nor willing to participate in any dispute resolution procedure before a consumer arbitration board.
11. Applicable Law
The contract is governed exclusively by the laws of the Netherlands.
12. Jurisdiction
Acting as a consumer, the jurisdiction is your place of residence.
13. Final Provisions
13.1 If any provision of this contract is found to be invalid or void, the validity of the remaining contract remains unaffected.
13.2 Amendments or additions to this contract must be made in writing.
