MEMBERSHIP CRITERIA
Admittance to and membership in the Forrest Yoga Membership is subject to the following criteria:
Admittance to the Forrest Yoga Membership is at the sole discretion of Mossy Knolls, Inc.
MEMBERSHIP
The Forrest Yoga Membership gives the Member the right to:
The Member shall comply with the Forrest Yoga Teaching Guidelines (Guidelines). The Member acknowledges the receipt and understanding of the Guidelines and the Member agrees that:
Mossy Knolls, Inc. reserves the right to issue further guidelines with respect to the teaching of Forrest Yoga and/or the Forrest Yoga Membership and shall notify the Member hereof. The Member agrees to comply with any such guidelines as published by Mossy Knolls, Inc. in relation to the subject matter thereof.
PERSONAL DATA
The Member grants Mossy Knolls, Inc. the right to use the personal data that the Member provided therein (Personal Data). Mossy Knolls, Inc. may use the Personal Data to provide valid and accurate information on its Website. For the purposes of keeping the data accurate, up-to-date and complete, the Member agrees to promptly notify Mossy Knolls, Inc. in writing by email to info@forrestyoga.com of any changes to the Personal Data.
Mossy Knolls, Inc. will not sell or share the Personal Data with any third parties under any circumstances. All data obtained by Mossy Knolls, Inc. will only be used within its organization for the purpose of data collection, analysis and in connection with the objectives outlined above, and will not be used for any other purpose outside of its organization.
INTELLECTUAL PROPERTY RIGHTS
The Member acknowledges that Ana Forrest is the exclusive owner of all patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, logos, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world associated with Forrest Yoga (Intellectual Property Rights).
Upon acceptance of the Member's membership application, the Member will be granted a limited and revocable right of use of the registered trademark "Forrest Yoga" (Trademark) and the Forrest Yoga logo (Logo) solely in connection with the Member's teaching Forrest Yoga and the permitted advertisements and promotion of such teaching but for no other purpose.
The Member agrees that the Member's right to use these Trademark and the Logo does not create or constitute any ownership right or interest in them, and that the Member's right to use them is revocable at any time with or without cause and the Member shall immediately cease the use of the rights and notify Mossy Knolls, Inc. hereof.
Save as otherwise provided in the Terms or where prior written consent from Mossy Knolls, Inc. has been obtained, the Member will not use the Trademark and/or the Logo for any other purpose, including but not limited to the operation of a yoga studio, the offering of teacher trainings, the production or sale of audio or visual recordings, or the sale of clothing, other merchandise and any other products.
The Member understands that all material offered to the Member in relation to Forrest Yoga is the Intellectual Property of Mossy Knolls, Inc. The Member shall not infringe the Intellectual Property Rights and shall refrain from copying, reproducing, redistributing any Forrest Yoga material without the prior written consent from Mossy Knolls, Inc. In the event that the Member wishes to use any of the material on which Intellectual Property Rights are vested and readily it its possession, including but not limited to the teacher training materials (e.g. the teacher training manual) or any promotional material (e.g. flyers and descriptions) for its own use, the Member shall seek prior written consent from Mossy Knolls, Inc.
INSURANCE
The Member agrees to maintain general liability insurance that covers the Member's yoga teachings at all times when the Member teaches Forrest Yoga and shall deliver a copy of the insurance policy to Mossy Knolls, Inc., as may be requested from time to time.
RELEASE OF MOSSY KNOLLS, INC.
The Member understands that the practice of yoga involves physical movement and exercise which may from time to time be strenuous, and that such practice carries risks of injury. The Member also understands that the Member must judge the capabilities of the Member's students and agrees to take full responsibility for not exceeding the limits of any of the Member's students in the practice or teaching of yoga, and for any injury that they may suffer in the practice of yoga that the Member may cause. The Member further acknowledges that the Member has no employment, agency or other relationship with Mossy Knolls, Inc., Ana Forrest, and any of the affiliated businesses, employees, agents and representatives and the Member agrees to indemnify, hold harmless Mossy Knolls, Inc., Ana Forrest and any of the affiliated businesses, employees, agents and representatives, against any and all claims, liabilities, losses, damages, costs, legal proceedings, judgments and expenses of any type or nature.
NO PARTNERSHIP
Nothing in the Terms is intended to, or shall be deemed to, establish any partnership or joint venture between Mossy Knolls, Inc. and the Member, constitute the Member the agent of Mossy Knolls, Inc., nor authorize any party to make or enter into any commitments for or on behalf of any other party.
NO ASSIGNMENT
Any agreement formed by the Terms is personal to the parties and the Member shall not assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of its rights and obligations under the Terms without the prior written consent of Mossy Knolls, Inc.
AMENDMENT & TERMINATION
Mossy Knolls, Inc. may, at any time, with or without notice to the Member, change, modify, and/or amend the Terms. Member agrees to comply with the Terms as amended from time to time. Without prejudice to any rights that have accrued under the Terms or any of its rights or remedies, either the Member or Mossy Knolls, Inc. may at any time terminate the Member's membership in the Forrest Yoga Membership with immediate effect by giving notice to the other party if there occurs a breach by the Member of any provision of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the Terms.
BREACH AND DAMAGES
Without prejudice to any other rights or remedies that Mossy Knolls, Inc. may have, the Member acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of the Terms by the Member. Accordingly, Mossy Knolls, Inc. shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the Terms.
The Forrest Yoga Membership (formerly the Hoop of the Teachers) is a community of qualified Forrest Yoga teachers supporting the mission of Ana Forrest of "Mending the Hoop of the People", managed by Mossy Knolls, Inc. a corporation owned by Ana Forrest, and its partners (hereinafter jointly referred to as Mossy Knolls, Inc.).
Whereas you, hereinafter referred to as the "Member", desire to become, be known as, and remain a member of the Forrest Yoga Membership, your admittance to and membership in the Forrest Yoga Membership is and shall be subject to the terms and conditions set forth below (the "Terms"):
