terms and conditions

Binding Contract

This yogakula Teacher Training contract (further as Contract) sets forth the terms and conditions under which I will attend and participate in a teacher certification.

I UNDERSTAND THAT BY TRANSFERRING THE DEPOSIT OF THE TEACHER TRAINING , I AM ENTERING INTO A LEGALLY BINDING CONTRACT, AND WILL BE BOUND BY THE PROVISIONS SET FORTH BELOW.

Registration - The registration is binding once the deposit is transferred and contract is signed.

Conclusion of contract - Registration for the training is binding once the deposit is transferred.

The contract deposit is non-refundable, however, it is applied to the tuition balance. By paying the deposit the applicant’s spot at the Teacher Training will be secured.

Cancellation Policy - The amount paid for the training is refundable as follows:

• A deposit fee is required to reserve a space for the training.
• If a student cancels 2 months or more before the start of the program, the student will forfeit the entire deposit and the remaining balance paid will be refunded.
• If a student cancels 1 month before the start of the program, the student will forfeit the entire deposit and 75% of remaining balance will be refunded.
• If a student cancels less than 1 month before the start of the program, no refund.
• If a student must withdraw from the Training for special circumstances (health reason, family emergency, etc.) less than 30 days before the start of the Training, yogakula may give a partial refund to the student in the exercise of its discretion.
• No refunds are available once the program begins, and future scheduled payments must be completed.
• Full payment is required to reserve a space for this training.
• Yogakula will not give any refunds or credits after the Training starts. Yogakula reserves the right to cancel any training before it begins. In that case any payments applicants have made will be refunded in full.
• Payment plans are available. Full payment needs to be made no later than the start of the training.

Liability - Participation in the workshop is at your own risk. General health is a prerequisite for participation. If you have special problems, such as physical ailments, previous operations or problems during pregnancy, please discuss your intention to participate with your doctor beforehand. Liability on our part for personal injury, property damage and financial loss is excluded. We are liable for the proper functioning of the furnishings provided by us. However, we are not liable for damage to health suffered by workshop participants as a result of participating in the training offered, nor for accidents that are their own fault. We assume no liability for property and valuables brought along.

By agreeing to the terms and conditions, the training participants give their consent that photographs or film recordings made during the courses may be used in audiovisual or print media without remuneration and without any time or space limitations. The participants do not acquire any rights to the use of property rights, course names or advertising material for the respective course.

Severability clause - If individual parts of the terms and conditions are ineffective, the validity of the others is not affected. In this case, the parties recognize the valid regulation that comes closest to the content of the regulation intention of the ineffective component.

I understand and agree that, in order to become a certified yoga teacher:

1. I must attend the classes at the Training fully in accordance with the Attendance Policy attached below in this Contract.
2. Whether I have successfully completed the Yoga Teacher Training offered at yogakula will be determined at its sole discretion, based on my demonstrated command of the skills necessary to teach safe, accessible yoga classes.

I understand and agree that, if and when I become a certified yoga teacher:

1. I am entitled to teach yoga classes in the method and style taught in the Training.
2. Following successful completion of the Training, to become a Registered Yoga Teacher (RYT), I acknowledge that I must register with Yoga Alliance, pay all necessary fees, abide by their ethics and successfully complete continuing education credits as they mandate.

This Agreement will terminate, and all rights granted to me hereby will automatically terminate, upon the first to occur of: (a) my failure to successfully complete the Training; (b) my failure to comply with any of the policies attached at the end of this document. Immediately upon the termination of this contract for any reason, I will return all Training materials in my possession.

Yogakula will not be liable, whether in contract, warranty, tort (including, but not limited to, negligence, product liability or other theory), to me or any other person or entity for any indirect, incidental, special or consequential risks, injuries or damages, arising out of this agreement or which might be incurred as a result of participating in the Training.

This Contract sets forth the entire agreement between yogakula and me concerning its subject matter and supersedes any understandings or agreements to the contrary, including any oral representations or other statements. The failure of yogakula to enforce any provision of this Contract will not constitute a waiver of any such provision or any other provision.

Harassment Against Members of Protected Class

We do not permit managers, employees, teachers, independent contractors, students, or others in the workplace to harass any other person because of age, gender, pregnancy, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, genetic information, or any other basis proscribed by law.

Harassment is unwelcome verbal or non-verbal conduct based upon a person’s protected characteristic, that (i) denigrates or shows hostility or aversion toward the person because of the characteristic and which affects their participation in the training, its opportunities, or benefits; (ii) has the purpose or effect of unreasonably interfering with their performance as a trainee; (iii) enduring the offensive conduct becomes a condition of continuing in the training; or (iv) has the purpose or effect of creating an environment that a reasonable person would consider intimidating, hostile, or abusive.

Harassment includes epithets, slurs, name calling, negative stereotyping, insults, intimidation, ridicule, threatening, intimidating, or hostile acts, denigrating jokes, and display during the training of written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on their protected characteristic. Petty slights, annoyances, and isolated minor incidents may not rise to the level of harassment.

Sexual Harassment during the training

We do not tolerate sexual harassment during our training. Sexual harassment refers to any unwelcome sexual attention, sexual advances, requests for sexual favours, and other verbal, visual, or physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s participation in the training;
2. submission to or rejection of such conduct by an individual is used as the basis for attendance in the training decisions affecting such individual;
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or
4. such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.

Examples of sexual harassment include unwanted and unnecessary physical contact; offensive remarks (including unwelcome comments about appearance); obscene jokes or other inappropriate use of sexually offensive language; the display in the studio of sexually suggestive objects or pictures; and unwelcome sexual advances by teachers, students, or other visitors of the training. Non-physical gesture, behaviour, unnecessary physical contact, verbal suggestion, or innuendo may constitute sexual harassment.

Sexual Misconduct

We prohibit sexual misconduct at our training. Sexual misconduct is any unsolicited and unwelcome sexual advance, including requests for sexual favours, sexual touching, and verbal, visual, or physical conduct that creates a sexually hostile environment in a yoga class or at a training.

Sexual misconduct also arises if a teacher engages in conduct that has the purpose or result of requiring a student to submit to such conduct to obtain any benefit or privilege relating to the study or teaching of yoga.

While it is not possible to list all the circumstances that may constitute sexual misconduct, the following are examples of misconduct:

• Sexual advances, whether they involve physical touching or not;
• Sexual epithets, jokes, written or verbal references to sexual conduct, gossip regarding one’s sex life, comments on an individual’s body, sexual activity, deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, cartoons;
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
• Comments or conjecture about a person’s sexual orientation or gender identity;
• Inquiries into one’s sexual activities;
• Sexually oriented asana adjustments or touch; and
• Discussion of one’s sexual activities.

Romantic Relationships Between Teachers and Students

Teachers shall not invite, respond to, or allow any sexual or romantic conduct with a student during the period of the teacher-student relationship.

Sexual or romantic interactions that occur during the teacher-student relationship constitute sexual misconduct and are unethical. Sexual or romantic interactions detract from the goals of the teaching relationship, may exploit the vulnerability of the student, may obscure the teacher’s judgment concerning the student, may be detrimental to the student’s well-being and damage the reputation of the yoga community.

Yoga teachers must maintain professional boundaries in their relationships with students so that the best interests of the students are served. The interest of the teacher is not relevant: the art of teaching yoga is focused on serving the spiritual needs of the student. The teacher-student relationship involves an imbalance of power and any appearance that this imbalance has been exploited for the sexual purposes of the teacher is unethical. Even if the relationship is initiated by the student, it must still be avoided by the teacher.

If a teacher is becoming romantically involved with a student, the teacher should end the teaching relationship. The teacher must ensure that any behaviour in dealing with students is always professional and not open to misunderstanding or misinterpretation. If a relationship begins to develop, the teacher should seek the guidance of school management.

Retaliation Policy

We will not retaliate against any person for having reported or threatened to report harassment, discrimination, retaliation, or violations of our Code of Conduct or policies, or for participating in an investigation into any of the foregoing. Anyone who retaliates against a person will be subjected to disciplinary action, up to and including termination. We encourage any person — including employees, non-employees, and students — who believe they have been subject to retaliation to inform a supervisor or manager. We have a zero-tolerance policy for sexual harassment or sexual misconduct. We encourage anyone who is subject to this behaviour to report it to the school management. We will do everything possible to ensure that you are not retaliated against by anyone because you have reported misconduct.

What Is Retaliation?

Retaliation means taking an “adverse action” against any person for having reported or threatened to report harassment, discrimination, retaliation, or violations of our Code of Conduct, or for participating in an investigation into a complaint of harassment, discrimination, or retaliation or violations of our Code of Conduct.

In the case of employees, retaliation is an adverse employment action taken against an individual for having reported or threatened to report harassment, discrimination, or retaliation, or for participating in an investigation into a complaint of harassment, discrimination, or retaliation. Retaliation may include any acts that are “materially adverse” to a trainee, regardless of whether those acts result in an inability to participate in the training. For an action to qualify as retaliation, a trainee or trainer’s actions must be harmful to the point that they may dissuade a trainee from making a charge of discrimination. An example of adverse actions include threats, reprimands, negative evaluations, harassment, or other adverse treatment.

Reporting Sexual Harassment and Sexual Misconduct

We have a zero-tolerance policy for sexual harassment or sexual misconduct. We encourage anyone who is subject to sexual harassment or sexual misconduct to report this to the school management. We need to know what’s going on so we can act on it. We will do everything possible to stop sexual harassment and sexual misconduct from happening. We will not permit anyone to retaliate against you for filing a report of sexual misconduct.

Responsibility of Trainers

Trainers have a responsibility to create, uphold, and promote a safe, respectful, and inclusive training environment. Trainers are required to comply with our Code of Conduct. Trainers may be subject to disciplinary action if they engage in, ignore, or in any way condone, conduct that violates our Code of Conduct.

Trainers shall not, under any circumstances, retaliate against anyone, blame the victim, conceal a report, or discourage trainees from reporting sexual harassment or violations of our Code of Conduct. If you believe a trainer has behaved in that way, please report it to school management.

Attendance Policy

We require 100% attendance to graduate and receive a certificate of completion from our training. Class attendance will be taken throughout the training.

In the case of any emergency absences, please notify the school management immediately. If a student has planned absences that conflict with attendance in the program, please contact the school management to discuss options. Online stream will be arranged in the case of student acquiring Covid19 virus before the training. A maximum of 10 hours may be missed if arranged in advance and approved by the school management. Any additional make-up sessions totalling 10 hours are NOT included in the price of tuition. We do not accept unapproved absences and they may result in dismissal from the program.

Each student is responsible for scheduling make-up time with the school management. Students must pay an additional cost for private make-up sessions with a teacher.

Each student is expected to be at each session 10 minutes before the start time in order to set up so that the training may start on time. If the student is late more than 5 times, this will result in a deduction of 5 hours from their total contact hours.

A leave of absence from the program will be granted due to medical disability, or other extraordinary circumstances at the discretion of the school management. In this case, our refund policy will apply to unused tuition, and the student must reapply for the next available training and pay the difference, if any, of any remaining tuition and/or any related administrative fees. If tuition is increased for the next available session, the student must pay the higher rate.

Code of Conduct

Purpose Statement

Our Code of Conduct is intended to provide specific standards to cover most situations encountered by our yoga teachers. Its primary goal is the welfare and protection of our students, teachers, yoga community, and the public. It articulates the ethical standards that our teachers must follow. The Code of Conduct is intended to elevate the professionalism and integrity of our yoga school by adopting uniform standards for behaviour yet recognising the diversity of the many traditions of the teaching and practice of yoga.

Teacher-Student Relationships

Teachers shall treat their students with respect and with regards to their individuality, dignity, and privacy. Teachers shall commit to promoting the physical, emotional, and spiritual well-being of their students. Teachers shall cause no harm to their students, shall commit to practicing ahimsa, and strive to alleviate the suffering of all beings.

Teachers shall create and maintain a safe, clean, comfortable, and positive environment for the practice of yoga.

The relationship between a yoga teacher and a student is based on trust. To establish and maintain that trust, the teacher must be polite, considerate, and honest with their students. Teachers should practice good communication with their students. Teachers should listen attentively to students, respect their point of view, beliefs and culture, and should not allow their beliefs and values to adversely influence their relationship with their students. Teachers should avoid imposing their beliefs on others, although they may express them when appropriate in the class.

Integrity

Teachers shall commit to the highest standards of professional and personal conduct. Teachers shall ensure that their behaviour does not give even the appearance of professional impropriety. Any actions which may benefit the teacher to the detriment of the yoga community, or an individual student must be avoided to not erode the public trust in the integrity of yoga. Teachers shall dedicate themselves to studying, teaching, and promoting the art, science and philosophy of yoga and to maintaining high standards of professional competence and integrity.

Scope of Practice

Teachers shall represent their qualifications honestly and provide only the services they are qualified and certified to perform. Teachers shall not give medical advice. Teachers shall not recommend treatment, diagnose a condition, or suggest that a student disregard medical advice. Teachers shall refer their students to medical doctors or complimentary licensed professionals when appropriate.

Confidential Information

Teachers shall respect and protect the welfare of all of their students or clients. Teachers shall keep all personal information disclosed by their students or clients strictly confidential. All discussions among teachers concerning students or clients shall be conducted in secure, non-public environments.

Teachers shall not disclose personal information belonging to a student or client except (a) to comply with the law or the order of a court; (b) to prevent bodily harm or danger to the client or to others; or (c) where the information has already been disclosed to the public. Teachers will obtain the consent of students before audio or video recording in class.

Inter-Professional Relationships

Teachers are part of a network of health care and well-being professionals and shall seek to develop interdisciplinary relationships. Teachers shall conduct themselves in an honourable manner in their relations with their colleagues and other wellness practitioners. Teachers shall not openly criticise practices followed by other yoga schools or teachers.

Advertising and Public Communications

Teachers shall not make false advertisements. Teachers shall refrain from making public statements on the benefits of yoga that are not supported by science or the generally accepted experience of the yoga community. The education, training, and experience of the teacher shall be fairly and accurately disclosed. Advertisements shall be made with dignity. Advertisements shall not include exaggerated claims about the benefits of yoga.

Yoga Equity

Teachers shall commit to a shared responsibility for awareness of and commitment to change the inequities that exist within yoga that result in many people feeling excluded and underrepresented. These may be people who feel excluded due to their body composition and/or physical ability. Teachers are encouraged to take proactive steps to promote inclusion in yoga to:

1. promote equity;
2. reduce harm to students;
3. honour and leverage cultural differences; and
4. expand diversity and accessibility in all areas of yoga while honouring the integrity of yoga’s cultural and historical roots.

Teachers shall not discriminate against or refuse to provide teaching or professional help to any student, client or employee based on any protected class such as age, gender, pregnancy, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status or genetic information.

Grievance Policy

Reporting of Policy Violations

We encourage anyone who has been the subject of sexual misconduct or any other action that violates our policies or Code of Conduct to report the incident to our school management.

The report should contain the following information:

• Your full name;
• Your email and phone number;
• The name of the person the grievance is against;
• A description of the policy violation;
• The date and location of the policy violation;
• Names and contact information of any witnesses with first-hand knowledge of the situation; and
• Any other credible evidence that is available to support the grievance.

In the interest of fairness, all reports must be made by the person who has personally experienced the misconduct. We will not investigate a matter based upon a third-party report of misconduct.

All reports must be made in good faith based on information the person reporting the incident reasonably believes to be accurate.

We may request additional information from the person reporting the incident throughout the course of review of the report.

We will take appropriate action to ensure compliance with our policies. School management will impose any sanctions that it feels are fair, just, and reasonable under all circumstances.

We will not allow anyone to retaliate against any person for making a report in good faith or providing information in connection with an investigation into an alleged violation.

Any information provided during a grievance review will be treated on a confidential basis. Similarly, any actions taken in response to the report will also be confidential.

Due Process and Procedure

We recognise that our school has an obligation to give a person accused of misconduct a reasonable level of due process. Because the person may lose their ability to continue in the training and their reputation may be tarnished, the decision-making process must be fair and objective. Due process in this context does not mean that the school management will conduct a mini trial, but it will gather all of the relevant facts surrounding the matter and make a fair and objective decision based on the facts. The school management may need to interview the person who reported the situation, the person who perpetrated the misconduct, and any other people who have direct knowledge about the situation. We will examine all other credible and objective evidence about the situation.

After the school management gathers the facts, we will determine if the allegations are credible. If it is determined that is the case, the school management will decide on the sanctions to impose and then communicate its decision to those involved.

Sanctions

We recognise the principle of “the punishment must fit the crime.” We do not sentence inappropriately any misconduct. There must be a sense of fairness and moral proportion in judging these situations. All cases of abuse and misconduct, from inappropriate commentary to physical assault, will be judged objectively and the school management will fashion a sanction that fairly and equitably addresses the situation, giving due considerations, to all the facts.

In many cases, it may be hard to uncover all the facts, there may be conflicting facts, there may be conflicts of interest, and there may be circumstances and facts that weigh on both sides of the scales of justice.

However, the school management will use sound and careful judgment in deciding what type of sanctions to impose. There are three options:

1. Do Nothing. The facts do not show that the person committed the policy violation.
2. A Warning. The facts show that the person’s actions were minor and that a warning is a fair sanction. The warning could be coupled with counselling.
3. Dismissal. The facts show that the person’s actions were so serious that they warrant dismissing the person from the training. The person is dismissed, and their participation at the training is terminated.