Introduction

Welcome to The Yoga Therapy Institute! We are very happy to welcome you to one of our yoga therapy courses or modules. In these Participation Terms, we explain in a clear and transparent way our conditions of participation in one of our yoga therapy courses. We encourage you to read it carefully.

If you have any questions, please contact us via [email protected].

Interpretation

The following definitions apply to these Participation Terms:

1. BASIS OF CONTRACT

1.1. Applicability. These Participation Terms apply to all Contracts between The Yoga Therapy Institute and the Participant relating to participation in a Course or Module. The Yoga Therapy Institute explicitly waives the applicability of any other terms that the Participant seeks to impose or incorporate.

1.2. Application Form. The application for a Course or Module can be made by completing the online Application Form. Completion of the Application Form does not confirm enrolment.

1.3. Confirmation. The Enrolment is considered accepted upon confirmation by The Yoga Therapy Institute by email, at which point and on which date the Contract comes into Confirmation of your Registration can only be guaranteed when payment has been received in accordance with the terms set out in Article 4.

1.4. Other terms. The terms of the Student Handbook, Community Guidelines and Yoga Therapy Training Requirements also apply to the Contract. The Participant complies with and acknowledges having understood the Participation Terms, Student Handbook, Community Guidelines and Yoga Therapy Training Requirements. The Yoga Therapy Institute reserves the right to update the Student Handbook, the Community Guidelines and the Yoga Therapy Training Requirements from time to time, with written notice to the Participant.

2. COURSES AND MODULES

2.1. Availability. The number of Participants is limited to ensure the quality of the Courses and Modules. We encourage Participants to book modules well in advance to secure a place. While we strive to accommodate all booking requests, availability cannot be guaranteed.

2.2. Waitlist. If the preferred dates are not available, we will inform the Participant and they will be placed on a waiting list. We will do our best to accommodate everyone as soon as possible, but we cannot guarantee a place in the module after being placed on the waitlist.

2.3. Requirements. Any requirements relating to any prior knowledge, qualifications or professional experience in order to participate in a Course or Module, may be found on the Website, in the Student Handbook, in the Training Requirements handbook, and/or provided in writing by The Yoga Therapy Institute.

2.4. Admission Prerequisites.

• Courses and Modules. In order to enrol in any of our Courses or Modules, Participants must meet the following minimum admission prerequisites:

1. 1. 200-hours yoga teacher training certification;
   2. one year of yoga teaching experience or alternatively, therapeutic or medical experience;
   3. one year of personal yoga practice;
   4. minimum age of 18; and
   5. fluent in English.

Note that specific Modules or coursework, such as practical case studies, may have additional requirements beyond those listed.

• Trauma-Informed Yoga Therapy. In order to enrol in our Trauma-Informed Yoga Therapy module, Participants must meet the following minimum admission prerequisites:

1. 1. minimum age of 18; and
   2. fluent in English.

• 200-Hour Yoga Teacher Training. In order to enrol in our 200-Hour Yoga Teacher Training, Participants must meet the following minimum admission prerequisites:

1. 1. minimum one year of personal yoga practice or attendance of 52 classes;
   2. minimum age of 18; and
   3. fluent in English.

2.5. Virtual Classroom. Prior to the start of a Module, the Participant receives an invitation to join a Virtual Classroom for the Module in which it will participate. The private Virtual Classroom folder is used during the module to give all Participants unlimited access to view, download and print the Module materials. This Virtual Classroom is only accessible for Participants who started the same Module at the same time. After completion of the Course or Module, the specific Virtual Classroom folders are still accessible for the Participant.

2.6. The Yoga Therapy Institute’s obligations. The Yoga Therapy Institute:

1. shall organise the Courses and Modules in accordance with the specifications and requirements from the International Association of Yoga Therapists;
2. shall use all reasonable endeavours to meet any dates specified on the Website and/or provided to the Participant; and
3. warrants to the Participant that the Course and Module will be organised using reasonable care and skill.

2.7. Participants’ obligations. In view of participation in a Course or Module, the Participant shall:

1. prior to the start of the Course or Module, inform The Yoga Therapy Institute about any physical or mental health issues, including any disabilities or whether the Participants takes medication;
2. perform the Course and/or Module carefully, taking into account its body and any physical or mental limitations;
3. refrain from any behaviour or activities that could be detrimental to The Yoga Therapy Institute or The Yoga Therapy Institute’s interests under the Contract; and
4. comply with any additional obligations as set out in the Student Handbook and the Community Guidelines.

2.8. Course and/or Module material. The Participant obtains Course and/or Module material applicable to the Course and/or Module that the Participant is attending. The Participant is not entitled to subsequent Course and/or Module materials that were not provided to the Participant at the time of participation.

2.9. Online Modules. During an online Module, The Yoga Therapy Institute will ask the Participant to turn on its camera allowing the teachers to adapt the Modules and to provide the Participant with more personalised guidance. The teacher will record this online training to allow the Participant to view the recording in its personal Virtual Classroom folder at a later date for their own personal development.

3. FEES AND COSTS

3.1. Fees. The fee for the Course or Module will be as quoted on the Website at the time of Registration. Fees are subject to change from time to time at The Yoga Therapy Institute’s discretion. The Participant agrees to pay the price of each Module that is charged at the time of attendance. Fees may be adjusted in the event of unforeseen circumstances. Such an adjustment shall be notified in advance.

3.2. Other costs. The Participant is responsible for any additional costs incurred during the Course or Module, including but not limited to materials, books, lodging, travel, meal expenses, and other related expenses unless explicitly stated otherwise.

3.3. VAT. Fees for Courses or Modules on our Website are listed inclusive and exclusive of Value Added Tax (VAT). Where VAT applies to a Course or Module, the fees stated shall be inclusive of VAT and shall be charged with VAT included at the applicable rate.

3.4. Discounts. From time to time, The Yoga Therapy Institute may offer discounts or promotional codes for Courses or Modules. Any such discounts are subject to availability and may be subject to additional terms and conditions. Unless otherwise stated, discounts or promotional codes cannot be combined and may not be applied retroactively. The Yoga Therapy Institute reserves the right to modify or discontinue any discounts or promotional codes at any time without prior notice.

4. PAYMENT TERMS

4.1. Payment options. The Yoga Therapy Institute offers various payment options for completing the Courses or Modules, including:

1. Payment of full Course fee. Upon enrolment, an invoice will be sent for the full payment of the Course. This option secures a place in the Course and protects against potential price increases during the Course.
2. Payment per individual module/course component. An invoice for each module/course component will be sent to be paid in full six weeks before the start date or shortly after registration to secure a place. This option ensures that the Participant pays the price of the module/course component at the time of attendance, meaning that any price increases between the time of registration and the module/course component start date will be reflected in the final amount due. Note that Participants may choose to pay for several individual modules at once with a combined invoice upon request to The Yoga Therapy Institute. The same terms apply to this option.
3. Monthly payments plan. A monthly payment plan is available for Participants who register for the full Course, with an additional fee to secure the Course fee for the entire duration of the instalments. This option requires a signed agreement outlining the payment schedule and terms of the plan. Failure to sign the agreement may result in cancellation of the registration.
4. Personalised payments plan. Personalised payment plans are available for Participants who wish to attend only a few modules, with an additional fee to secure the Module fee for the entire duration of the instalments. This option requires a signed agreement outlining the payment schedule and terms of the plan. Failure to sign the agreement may result in cancellation of the registration.

4.2. Payment due dates. Invoice payments must be settled within seven days from the invoice date. Failure to settle within this period may result in cancellation of the registration.

4.3. Confirmation of registration. Registration is only considered confirmed upon receipt and processing of payment. Therefore, it is imperative that payments are made promptly to secure a place in the desired module.

4.4. Payment security. The Yoga Therapy Institute takes payment security seriously and has implemented various security measures to ensure that all financial information is safe and secure. Access to payment systems is restricted to authorised personnel only.

5. CANCELLATION/TRANSFER AND REFUND

5.1. Cancellation by Participant. Participants who wish to cancel a Course or Module in any of the following circumstances must provide written notification of cancellation to The Yoga Therapy Institute within 14 days of registration.

1. Cancellation after payment of full course fee. If the Participant cancels within 14 days of registration for the Course, a full refund of the course fee will be given. For cancellations made after 14 days of registration, no refund will be given.
2. Cancellation after payment of per module. If the Participant cancels within 14 days of registration for the Module, a full refund of the module fee will be given. For cancellations made after 14 days of registration, no refund will be given. If the Participant wishes to transfer to another Module, the fees paid will be applied towards the new module’s fee, provided the transfer request is made within three months of the original module start date. Any difference in fees will be settled before the transfer is finalised.
3. Cancellation after payment of monthly payments plan. If the Participant cancels within 14 days of registration for the Course, a full refund of the course fee will be given. For cancellations made after 14 days of registration, it will take effect on the last day of the current monthly payment period. No refund will be given for the amounts already paid, but no further payments will be due after the cancellation takes effect. Any outstanding amounts owed for the Module(s) already enjoyed by the Participant at the time of cancellation must be settled before the transfer is finalised.
4. Cancellation after payment of personalised payments plan. If the Participant cancels within 14 days of registration for the Modules, a full refund of the module fee will be given. For cancellations made after 14 days of registration, it will take effect on the last day of the current monthly payment period. No refund will be given for the amounts already paid, but no further payments will be due after the cancellation takes effect. Any outstanding amounts owed for the Module(s) already enjoyed by the Participant at the time of cancellation must be settled before the transfer is finalised.

5.2. Cancellation by The Yoga Therapy Institute.

1. Insufficient enrolment. The Yoga Therapy Institute reserves the right to cancel a Course or Module due to insufficient enrolment. In such cases, Participants will be notified promptly and offered a full refund or the option to transfer to another Course or Module. If a Participant chooses to transfer, any difference in fees will be settled. Refunds will be given within 30 days or the funds can be applied to future modules.
2. Unforeseen circumstances. The Yoga Therapy Institute reserves the right to cancel, postpone or change the delivery format of a Course or Module due to unforeseen circumstances such as inclement weather or faculty sickness. In such cases, Participants will be notified promptly and offered a refund in proportion to the part of the Course or Module that was cancelled, or the option to transfer to another Course or Module. If a Participant chooses to transfer, any difference in fees will be settled. Refunds will be given within 30 days or the funds can be applied to future modules.

6. ATTENDANCE AND REFUND

6.1. Attendance. Participants are expected to attend all classes and sessions of the Course or Module. If a Participant does not show up or only partially attends, for whatever reason, they are not entitled to a refund. However, if a Participant is unable to attend a module or class due to illness or other circumstances beyond their control, they may be eligible for rescheduling of the missed module/class. Any such request must be submitted in writing to The Yoga Therapy Institute and will be reviewed on a case-by-case basis.

6.2. Missed classes. Missed classes or sessions will not be rescheduled, except in very uncommon circumstances such as the Participant’s illness or other circumstances beyond their control. In such cases, The Yoga Therapy Institute will work with the Participant to reschedule the missed class or session. The Participant is responsible for catching up on the session recordings and completing the coursework on their own if they miss a class or session that is not rescheduled. Please note that in certain instances where live attendance is deemed essential, rescheduling the session may be required.

7. TERMINATION

7.1. Term. Contractual relationship between Parties shall be effective until completion of the Course or Module.

7.2. Termination by The Yoga Therapy Institute. The Yoga Therapy Institute may terminate the Contract and exclude the Participant from participating in the Course or Module, by written notice to the Participant, with immediate effect if:

• the Participant fails to pay any amount due under the Contract on the due date of payment;
• the Participant shows behaviour during the Course which indicates, in the opinion of The Yoga Therapy Institute, that the Participant is not suitable to work as an independent yoga therapist, and if consultation with the participant has not led to a different opinion; or
• the Participant uses the Course or Module (materials) to create offensive, harmful, unlawful, threatening, defamatory, obscene, insulting, hateful, inflammatory, discriminatory, pornographic or blasphemous material or any material that would otherwise violate the law.

7.3. Termination by the Participant. The Participant may terminate the Contract by written notice to The Yoga Therapy Institute, with immediate effect at any time if The Yoga Therapy Institute is declared bankrupt or has been granted suspension of payment or if a petition requesting bankruptcy or suspension of payment is filed by or on behalf of the latter.

7.4. Consequences of termination. Upon termination of the Contract:

• the Participant shall immediately pay to The Yoga Therapy Institute all of The Yoga Therapy Institute’s outstanding unpaid invoices and interest; and
• the Participants shall return all Course and Module materials to The Yoga Therapy Institute.

7.5. Survival. Any provision of the Contract which is either expressed to survive its termination or, from its nature or context it is contemplated that it is to survive such termination, shall remain in full force and effect notwithstanding such termination.

8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

8.1. IP Rights. All IP Rights in or arising out of or in connection with the Courses and Modules, including but not limited to the layout of the Courses and Modules, Module titles and descriptions, student manuals, presentation and audio and video recordings, are owned by The Yoga Therapy Institute and nothing in the Contract grants the Participant any IP Rights.

8.2. Confidential Course and Module material. The Participants acknowledges and agrees that all Course and Module materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. The Participant shall not copy, share, distribute or otherwise make available to a third party any Course and Module material or commercially exploit the materials, without prior permission of The Yoga Therapy Institute.

8.3. License. The Yoga Therapy Institute grants to the Participant a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use all or any of the Course and Module material for private personal use, and only for educational purposes.

9. LIABILITY

9.1. Gross negligence. Nothing in this Article shall limit The Yoga Therapy Institute’s liability for death or personal injury caused by The Yoga Therapy Institute’s gross negligence or for The Yoga Therapy Institute’s fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.2. Participant’s own risk. The attendance of all Courses and Modules, and other services provided by The Yoga Therapy Institute, as well as leaving belongings in our premises, are at the Participant’s own risk. The Yoga Therapy Institute accepts no liability whatsoever for physical injury, or pure economic loss, costs, damages, charges or expenses suffered or incurred by the Participant as a result of participation in the Courses or Modules.

9.3. Exclusion of liability. If The Yoga Therapy Institute is prevented from or delayed in performing its obligations by any act or omission of the Participant, or by any circumstances outside of our control, The Yoga Therapy Institute shall not be liable to the Participants for any costs, charges or losses sustained or incurred by the Participant that arise directly or indirectly from such prevention or delay.

9.4. Force majeure. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, epidemics, lockdowns, breakdown of plant or machinery, and the party shall be entitled to a reasonable extension of its obligations.

9.5. Limitation. Notwithstanding the foregoing or any other provision of the Contract, The Yoga Therapy Institute’s liability hereunder is limited to the total charges paid for the Course or Module.

10. PRIVACY

10.1. Responsible party. The Yoga Therapy Institute is responsible for the processing of your personal data with regard to your participation to the Courses and Modules. Your personal data is handled with due care by The Yoga Therapy Institute and shall be processed in accordance with the GDPR.

10.2. Categories of personal data and purposes. The Yoga Therapy Institute collects and processes the following categories of personal data for the following purposes:

• Contact data. We process your personal data which is necessary to contact you about the Course or Module, for example changed dates or times, such as your name and surname, e-mail address and telephone number.
• Experience data. We process your experience data to share with our teachers so they can this information into account during the Course and Modules, and adjust the Modules accordingly if necessary.
• Medical and health data. We use this information so we could take this in to account during the Course or Module for your own health, or specifically advise you on which yoga therapy practices are and are not suitable for you. This data is classified in the GDPR as special personal data because of its sensitivity. We process this personal data based on the statutory exception as laid down in the Dutch Implementation Act of the GDPR, since the processing of your medical and health data is necessary for your own safety, health and proper training, and for our professional practice concerned. Your medical and health data will of course be handled in complete confidentiality.
• Video footage. We record the video footage during online Modules and store this in your personal Virtual Classroom folder so you will be able to review it for your learning development. This data is classified in the GDPR as special personal data because of its sensitivity, and therefore we need your prior consent to store this data. This video footage will of course be handled in complete confidentiality.

10.3. Legal basis. The Yoga Therapy Institute processes your personal data in the presence of one of the following legal bases established by current legislation:

• for the conclusion and execution of the Contract;
• for compliance with legal obligations;
• for our legitimate interest; or
• if we have your consent.

10.4. Storage term. The Yoga Therapy Institute does not store your personal data longer than is strictly necessary for the achievement of the purposes for which the data was collected. We have adopted the following retention periods for the following categories of personal data:

• Contact data. Your contact data will be stored for a maximum of two year until you finished the Course or Module, or as long as you give us consent to stay in touch with each other. We value staying in touch with each other after finishing the course, because we are interested in the career development of our Participants. This desire must of course be mutual and we will therefore always ask your consent.
• Experience data. Your experience data will be stored for a maximum of two years until you finished the Course or Module.
• Medical and health data. Your medical and health data will be stored for a maximum of two years until you finished the Course or Module; and
• Video footage. The video footage will be stored for a maximum of two years until you finished the Course or Module, or as long as you give us consent to store the footage so in order for you to review it in your personal Virtual Classroom.

10.5. Third parties. The Yoga Therapy Institute transfers your personal data solely when necessary for the performance of the Contract or for the fulfilment of a statutory obligation. We conclude a data processing agreement with third parties that process this data on our instructions, such as our freelance teachers, to provide for the same level of protection and confidentiality. The Yoga Therapy Institute retains the responsible party for this processing. We shall never sell any personal data to third parties.

10.6. Protection of data. The Yoga Therapy Institute takes the protection of your personal data very seriously, and implements measures to prevent misuse, loss, unauthorised access, undesirable disclosure and unauthorised alteration.

10.7. Privacy policy for Registration. The applicable Privacy Policy for Registration can be found on the Website.

11. GENERAL

11.1. Notices. Any notice or other communication given to a Party under or in connection with the Contract shall be sent by email.

11.2. Complaints. In case the Participant has any complaints about The Yoga Therapy Institute, the Course and/or the Module(s), the Participant should address them by e-mail to the Board of Directors of The Yoga Therapy Institute. All complaints shall be discussed with the Supervisory Board in order to resolve the complaints in a correct and timely manner. A detailed description of the complaints procedure is set out in the Student Handbook.

11.3. Governing law and forum. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Netherlands. In case a dispute arising out of or in connection with the Contract cannot be resolved amicably via our internal complaints procedure as set out in Article 11.2 and in the Student Handbook, the dispute will be resolved by the competent court in Amsterdam, the Netherlands.