Terms of Use

Last updated May 18, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY AS THIS IS A BINDING CONTRACT. Welcome to the Kristin Lee Geiger (“KLG,” “KLG YOGA,” or “we”) website available at www.klgyoga.com, www.kristinleegeiger.com, and at www.floficient.com (“Site”).

THESE TERMS OF USE (“TERMS”) MAY CHANGE FROM TIME TO TIME. WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES TO THESE TERMS BY POSTING A NOTICE ON THE HOMEPAGE OF THE SITE FOR A REASONABLE PERIOD OF TIME AFTER SUCH CHANGES ARE MADE, EMAIL YOU NOTICE OF SUCH CHANGES TO THE EMAIL ADDRESS ON FILE THROUGH YOUR REGISTRATION AND BY CHANGING THE "LAST UPDATED" DATE AT THE TOP OF THIS WEBPAGE. WE ENCOURAGE YOU TO CHECK THIS PAGE PERIODICALLY FOR ANY CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

IN ADDITION, WHEN USING PARTICULAR SERVICES OR FEATURES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR POLICIES APPLICABLE TO SUCH SERVICES, FEATURES OR PURCHASES THAT MAY BE POSTED FROM TIME TO TIME. THE PRIVACY POLICY AND ALL SUCH GUIDELINES OR POLICIES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.

Acceptance Of Terms

Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, you are fully accepting the terms, conditions and disclaimers contained in these Terms. If you do not accept these Terms you must immediately stop using the Site.

Minors

The Site is not available to children under 16 years of age or users who have had their access temporarily or permanently restricted. In order to make a purchase and schedule a class, a parent or guardian of at least 18 years of age must be present. You represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms of these Terms.

Intellectual Property

All services, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, trademarks, copyrights and other information and content available on or through the Site (“Content”), is the property of KLG or its licensors.  The Content is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title and interest in and to the Content.

Unless otherwise noted all materials, including products, images, illustrations, designs, icons, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by KLG. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by KLG.

Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of KLG or the respective copyright/trademark owner. KLG authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.

The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by KLG is the proprietary information of KLG or the party that provided or licensed the content to KLG, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KLG, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the content except as expressly provided in these Terms of Use violates KLG’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

You agree not to access content hosted on the Service for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming purposes. "Streaming" means a digital transmission of an audiovisual work from the Service to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the user. Accessing the video content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. All content is housed on Youtube.com and the Streaming on our Site is intended only for the convenience of local Streaming.

You further agree that you will not: (1) create any materials that use the Content or any derivatives of the Content as a trademark, service mark, trade name or trade dress, other than as expressly approved by KLG in writing; (2) use the Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Content other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair KLG’s rights as owner of the Content or the legality and/or enforceability of the Content, including, challenging or opposing KLG’s ownership in the Content; (4) apply for trademark registration or renewal of trademark registration of any of the Content, any derivative of the Content, any combination of the Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Content; (5) use the Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Site is solely for personal, non-commercial purposes related to yoga, fitness, and meditation on the Site. Any other use of any content included on the website, including linking or framing to this Site, are strictly prohibited unless you first obtain our prior written consent and approval.

KLG takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom, nor is KLG liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Site. Your use of the Site is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. KLG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KLG's sole discretion.

Errors and Inaccuracies

We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing or availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.

Refund Policy

No refunds will be offered on used sessions or after the expiration date of a package or session. Refunds may only apply to unused sessions in the event of extenuating circumstances like severe illness or injury that would otherwise render you incapable of exercising and therefore utilizing your remaining sessions. Expiration date extensions may be granted at KLG’s discretion upon request and with a valid doctor’s note, in the event of such severe illness and injury.

Refunds will be provided as a credit towards your account or returned to the original method of payment, at your choosing.

Please make sure that you have carefully reviewed your order prior to finalizing your purchase.

Accuracy of Billing and Account Information

When you register on the Site, you may be required to create an account (“Account”) by entering your name and address, email address, phone number (collectively “Account Information”). If you choose to purchase any virtual lessons through Calendly, you will need to provide Calendly with additional payment information that is governed by their Terms of Use and Privacy Policy. You agree that the Account Information that you provide to us at all times, including during registration and any other information you upload to your Account and the Services will be true, accurate, current, and complete. You agree to promptly update any outdated personal or business information on the Services. You may not transfer or share your Account password with anyone, or create more than one Account. You shall be solely responsible for any and all uses on the Site under your Account and for maintaining confidentiality of your username and password. KLG reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services and your Account Information. In no event and under no circumstances shall KLG be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Disclaimers And Limitation Of Liability

The following disclaimers are made on behalf of KLG, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

All Site Content, including without limitation, any products, advice, recommendation or opinion, offer or coupon, or other information provided on or through the Site is for informational purposes only, and should not be construed to indicate that any such Content is endorsed by KLG, nor is there any representation or warranty by KLG that the Content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

THE SITE AND ALL CONTENT ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KLG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, KLG MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. KLG SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.

IN NO EVENT WILL KLG, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “KLG” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, A PURCHASE OF GOODS OR SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You will defend, indemnify, and hold KLG including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and participation in the Site, including: (1) your breach of these Terms or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Site or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) any other activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Affiliate Marketing

Any of the links on our Site may be an affiliate link of KLG. KLG partakes in an affiliate advertising program with amazon.com and other retailers or promotional sites. In doing so, we may receive a small commission if you purchase any product through one of these links. However, the price of all products remains the same for you regardless of whether or not you use one of our links to make a purchase.

Links To Third Party Websites

The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

All video content posted on our Site may contain embedded advertisements. We have no control over such content or advertisements, and if you choose to click on an advertisement you will be redirected to a third party website. Please also be aware that when you click to watch any of the videos on our Site, you will be redirected to YouTube.com  and will be subject to their terms and conditions and privacy policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site, or as a function of the Service, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Additionally, KLG may provide other third-party content on the Site (collectively the “Third-Party Content”). KLG does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Site.

Termination

To the fullest extent permitted by applicable law, KLG reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates these Term, our Privacy Policy or applicable law; (b) you fraudulently use or misuse the Site; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of KLG in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.

Force Majeure

In case of force majeure, we are not obliged to fulfill our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, any Act of God, epidemic, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties, or or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities.

Waiver

Failure of KLG to insist upon strict performance of any provision of these Terms or the Privacy Policy or the failure of KLG to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Terms. No waiver of any of the provisions of these Terms or the Privacy Policy shall be effective unless it is expressly stated to be such and signed by both parties.

Geographical Use

Although this Site may be accessible worldwide, the materials, products and services on this Site are not available for use in locations outside the United States of America. We currently do not allow purchases outside of the United States. Furthermore, we make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law And Jurisdiction

These Terms, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Sherburne County, Minnesota for any and all issues arising out of the Terms or any related documents or transactions. Notwithstanding the foregoing, either party may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding such party’s intellectual property rights.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KLG without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

Entire Agreement

The Terms, together with the Terms of Service, the Liability Waiver and the Privacy Policy, is the entire agreement between you and KLG relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms made by KLG as set forth above. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Agreement Shall Be Binding

These Terms shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of the parties [unless to the contrary specifically provided in any particular covenant, term or condition hereof].

Arbitration

In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to this Agreement, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.

Mandatory Binding Arbitration. The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both You and KLG may take one deposition of the opposing party, limited to 4 hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with “Governing Law” section below, and may apply to any such court for injunctive relief in connection therewith. The arbitration will be held in the United States county where you live or work, Sherburne County, Minnesota, or any other location you and KLG mutually agreed upon in writing.

CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND KLG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.

In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against KLG, you will be responsible for paying a $250 consumer filing fee. KLG will pay for reasonable arbitration fees where: (a) the claim for damages exceeds $10,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). KLG will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).

Contact Information

(see bottom of page)

Participation Liability Waiver and Warranty

When Engaging, As Part of Our "Terms of Use”

By registering for or joining a class, I acknowledge I have carefully read this Liability Waiver and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by participating, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party. When participating in an in-person, on demand, or live virtual class with KLG Yoga, I hereby agree to the following additional terms:

1. I am participating in yoga, fitness, meditation, health programs, coaching, workshops and/or general exercise classes (collectively, the “Activities”) offered by KLG (“KLG”) and its owners, instructors, employees, and/or independent contractors of my own volition and at my own risk.

2. I am aware and understand that KLG and its instructors are here to serve me by sharing their knowledge of yoga, wellness, fitness, meditation, personal training, coaching, and related mediums, to the best of their ability, through offered Activities.

In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities offered by KLG.

3. I understand that such activities require physical exertion, and at times, mental fortitude. I represent and warrant, to the best of my knowledge, that I am of sound mind, able body and have no known medical condition that would hinder my participation in the activities – OR – If I have an existing medical condition, I have consulted with my physician and been cleared for physical exercise.

Additionally, If I have an existing medical condition, surgery, or past injury, I understand it is my responsibility to inform KLG of the condition or injury prior to engaging in the activities, always monitor my health during the activities, and stop immediately should concerns arise.

If I am unsure or have any concerns what so ever regarding my health or ability to participate in the activities, I will consult a physician and honor that physician’s advice prior to engaging in any activities offered by KLG.

4. I understand and respect my physical limitations and am sufficiently self-aware enough to stop physical activity before I become ill or injured. I understand that it is my continuing responsibility to inform the KLG of any injuries or changes to my health, as they arise.

5. In the event of in-person instruction or events (“Activities”), I understand that, when deemed necessary, instructors may physically adjust my form or equipment to help me achieve correct alignment. I will inform KLG and its instructors when my limit, within the adjustment, has been reached. If I do not wish to receive such adjustments, I will communicate this to KLG and its instructors.

I also understand that KLG is not responsible for the safekeeping of my personal belongings, equipment, or property during my participation in Activities and is not liable for lost items or damages.

I recognize that KLG is not liable for exposure to infectious diseases, including but not limited to COVID-19, as a result of in-person instruction and hold KLG and its instructors harmless to any claims related to COVID-19 or other illnesses. Should I contract an infectious disease within 14 days of being in contact with anyone associated with KLG, I will notify KLG immediately. If I develop symptoms or have concerns about contracting an infectious disease prior to a scheduled appointment, I will notify KLG immediately and reschedule my lesson to a later date when I no longer pose a risk to public health.

6. In the event of Virtual Activities, I acknowledge I am responsible for the safety of my own environment and for maintaining reliable equipment. KLG is not responsible for the quality of internet service or any technical difficulties that may arise out of using third party software or devices to conduct the activities.

I also understand that virtual sessions may be recorded. Any recordings made available to me will be subject to the same intellectual property and copyright terms as outlined in our Terms of Use, available at www.kristinleegeiger.com.

7. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claims” (as defined below) I may have against the KLG, its owners, members, employees, and/or its instructors, teachers, employees, volunteer staff, interns, and/or independent contractors and the landlord of the KLG (each, a “Released Party”) for any Claim that I may sustain as a result of participating in the Activities at the KLG even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.

“Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my children may suffer or that my unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

8. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.

Privacy Policy

Last updated May 18, 2023

Kristin Lee Geiger, KLG YOGA, FLOFICIENT, and its affiliated entities (collectively, the foregoing entities are referred to as “KLG”, “we” or “us” in this Privacy Policy) and is committed to protecting your privacy. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, how we may use and share that information, specific use controls, and how we safeguard your information. The Privacy Policy applies to information collected through our websites www.kristinleegeiger.com, www.klgyoga.com, www.floficient.com, e-commerce activities, social media, catalog, services booking web platforms and retail (collectively, the “Site”). The Kristin Lee Geiger Terms of Use and FLOFICIENT Membership Terms of Service are incorporated by reference into this Privacy Policy.

Information You Provide to Us

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site. KLG has implemented technical and organizational measures with respect to processing Personal Information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Upon request, we will provide you with information as to whether and what Personal Information we store in relation to you. Should your Personal Information be incorrect, you may request to have it rectified. You may also revoke your consent to use your Personal Information in the future, in whole or in part, or request deletion of your Personal Information.

When you provide us with information through this Site, we may collect various information including your name‚ email address‚ mailing address‚ phone number, payment and billing info and any other information that may be collected through the Terms of Use (“Personal Information”). In addition, we may collect the information you provide us through various social media services or joint promotions with partners.

There may also be times where you provide us with information in the course of our marketing or customer service activities, such as , submitting a testimonial, rating, or service feedback.

In addition, we may also collect non-personally identifiable information, such as IP addresses (which identify your device), pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, pixel tags, web beacons, and other technologies, and other data (“Non-Personal Information”).  Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. Non-Personal Information will be retained only for so long as to fulfill a legitimate business need.

We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”). In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined, and may aggregate any information collected in a manner which does not identify any individual.

We do not collect any types of Sensitive Data from our users. Sensitive Data includes any personally identifiable information pertaining to: race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality, and sex life or sexual orientation. Please immediately notify us if you have accidentally submitted any Sensitive Data and we shall promptly remove such information.

Information from Other Sources

In order to improve our services or marketing efforts, we may collect information about you from third party sources. The information may include demographic information, psychographic information, and geographic location-based information. These third-party sources may include public record databases‚ marketing data providers‚ data sharing cooperatives‚ and others.

We may use automated devices and applications, such as Google Pixel Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties.

Automatically Collected Information

When you visit our Site, read our emails or interact with our Service Providers, we may collect certain types of technology-specific information from you. This information will help us optimize your visit and track the performance of our marketing efforts.

Existence of Automated Decision-Making

We may use automated decision-making processes to personalize the Site to enhance your consumer experience (for example, by recommending certain products or services to you) or, if you have opted into receiving promotional material from us, to send you personalized promotional emails. We do not believe any of these automated decision-making processes will produce legal effects concerning our users or similarly significantly affects our users.

Use of Your Information

KLG will primarily use your Personal Information to provide our products and services, and to complete core business functions such as authentication, order fulfillment‚ internal business processes‚ marketing‚ loss and fraud prevention‚ and legal functions. If you have any questions about which features you can use on which platform, please feel free to contact us at hello@klgyoga.com. Currently, we use your information, on the Site, the App or both, for the following purposes:

a.     Investigate and prevent fraud and other illegal activities.

b.     Provide, maintain, and improve KLG and our overall business.

c.     To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.

d.     To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.

e.     For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about services or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites or mobile applications.

f.   To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and respond to user desires and preferences, and for other research and analytical purposes.

g.  To protect our own rights and interests, such as to resolve any disputes, enforce our Terms of Use, FLOFICIENT Membership Terms of Service or to respond to legal process.

h.     In addition to the uses outlined above, by using KLG, you agree to allow us to anonymously use the information from you and your experiences to improve the KLG experience. This research may be published in our blogs or on social media. However, all of your responses will be kept anonymous, and we assure you that no personal information will be published.

In order to use our online educational services, you must register an account. Accounts require, at minimum, name, email address and phone number. If you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at hello@klgyoga.com.

How We Share Your Information

We may share your information, including Personal Information, as follows:

a.     Service Providers. We will not sell, trade, or rent your Personal Information to others. However, we do provide some of our services through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Providers"). Our Service Providers include Vimeo, Calendly, Mailchimp, Convert Kit, Zoom, and AddEvent. Depending on the Service you purchase, Vimeo or this Site is used to process all payments and will collect your applicable payment and billing and information. Vimeo is also used to view and provide our FLOFICIENT Services. AddEvent is used to share event and live class information. Calendly may be used to book KLG Service appointments and store related Personal Information. We use Mailchimp and/or Convert Kit to process and send out all emails to our users. Mailchimp and/or Convert Kit will store your names and email addresses as well in their database, in accordance with their privacy policy. We and our Service Partners may need to use some Personal Information in order to perform tasks between our Sites or to deliver services to you.

We may also share information in the following circumstances:

a.     Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

b.     In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

c.     To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use, Terms of Service or this Privacy Policy, or as evidence in litigation in which we are involved.

d.     Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

We may also disclose information about you that is not personally identifiable. For example, we may provide merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.

CAN-SPAM Act and Opting Out of Emails

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

·       Send information, respond to inquiries, and/or other requests or questions.

·       We may also send you additional information related to your account or our Services.

·       Market to our mailing list or continue to send emails to our clients after an account has been created.

To be in accordance with CAN-SPAM we agree to the following:

·       NOT use false, or misleading subjects or email addresses

·       Identify the message as an advertisement in some reasonable way

·       Include the mailing address of our business

·       Monitor third party email marketing services for compliance.

·       Honor opt-out/unsubscribe requests quickly

·       Allow users to unsubscribe by using the link at the bottom of each email

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. Even if you opt-out, we may still communicate with you about your account or any Services you receive from us.

Cookies

KLG uses cookies and other tracking mechanisms to track information about your use of our Site. We may combine this information with other Personal Information we collect from you.

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster check out process or to allow us to track your activities at our Site. There are two types of cookies we use: session and persistent cookies.

a.     Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

b.     Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

c.     Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs, including Google Analytics, (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of App or Site visitors, help us manage content, and compile statistics about our App and Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Clickstream

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.

Interactive Tools

Certain features on our Site may give you an opportunity to interact with us and others. These may include blogs, message boards, member forums and product and service reviews. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.

Payment

If you choose to sign up for our FLOFICIENT program, you will be redirected to process all payments through Vimeo. If you choose to purchase any other KLG products or Services,  payments are exclusively processed through this site. If you provide us with your financial or any other Personal Information, the information is encrypted using industry standard protections. Please refer to Vimeo’s Privacy Policy https://vimeo.com/privacy for information regarding their own security protections and use of your Personal Information. Payment information is stored on our Site for automatic monthly payments until you choose to cancel your account.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Site or are redirected to a third-party website, you are no longer governed by this Privacy Policy, our Terms of Use or our FLOFICIENT Membership Terms of Service.

Other Websites

Our Site may contain links to other websites not maintained by KLG. Other websites may also reference or link to our Site. The inclusion of a link on the website does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site, or for the privacy practices of third-party Internet advertising companies. We encourage you to be aware when you leave our Site, or surf the Internet, and to read the privacy statements of each and every website that you visit.

Information Security

To protect your Personal Information, we take reasonable precautions and follow industry standard SSL/TLS end-to-end encryption of data in transit to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other Personal Information, the information is encrypted using industry standard protections in our database. No payment information is ever stored in our database, as it is solely processed through third parties and is only temporarily stored during the processing of payment. All other information we collect may be stored in perpetuity through our internal database, unless we receive a request by you to remove such information earlier.

Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Privacy of Minors

We do not intentionally collect or maintain information from persons under the age of 13. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. We also recommend that parents monitor their children’s Internet activities and learn and employ software or other tools that can help their children enjoy their online experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parent/guardian’s preferences.

International Data Transfer

KLG is a United States company. If you are located outside the United States and choose to provide information to us, KLG transfers and stores Personal Information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Site, the App, using our Services or providing KLG with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site or App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features in an effort to prevent loss, theft and unauthorized access, use and disclosure.

California Privacy Rights

The California Consumer Privacy Act (CCPA) provides consumers who are residents of the State of California with specific rights related to their Personal Information, subject to certain exceptions.  It also requires us to disclose the information we collect, the purposes for which we collect it, and what we share and disclose. 

California Civil Code § 1798.83, also known as the "Shine the Light" law, provides California residents with the right to request, once per year, without charge, information from website operators and owners regarding the Personal Information that they collect online and offline, if any, and the third parties, including affiliates, with which they have shared this information during the preceding calendar year, for the direct marketing purposes of the third party. If such information is collected and shared with third parties for their direct marketing purposes, the website operator or owner is required, upon request, to provide the list of categories of Personal Information they collect, if any, and the names and addresses of all third parties with which it has shared such information for direct marketing purposes.

A website operator or owner may meet its obligations, and be exempt from such disclosures, under the Shine the Light law, if it provides California residents the right to opt-out of, and thereby prohibit, the website operator or owner from sharing such Personal Information with third parties including its affiliates, for the direct marketing purposes of the third party.

In accordance with California Civil Code section 1798.83(c)(2), KLG complies with California's "Shine the Light" law by providing all of its users, including its California users, with a cost-free method to opt-out of the sharing of Personal Information with all third parties for the direct marketing of those third parties, by not disclosing to third parties, for their direct marketing purposes the Personal Information of any customer if the customer has exercised the option to prevent such disclosure, and by disclosing these policies in its Privacy Policy. Consequently, KLG is not obligated under Shine the Light to provide California users, who have requested such information, a list of the categories of the Personal Information disclosed by KLG to third parties for their direct marketing purposes or the names and addresses of the third parties to which KLG has shared such Personal Information for their direct marketing purposes during the preceding calendar year.

California residents may have further rights related to the handling of their Personal Information under the California Consumer Privacy Act. While KLG does not "sell" your Personal Information in the traditional sense, it may share your information with third parties.  California residents may have certain rights related to this information, including the right to ask that we "Do Not Sell Your Personal Information," the right to ask that we Delete your Personal Information, or the right to request access to the categories or specific pieces of Personal Information we have collected about you.  California residents also have the right to not be treated differently by KLG in response to your decision to exercise any of these rights. 

To learn more about these rights, to opt-out of our sharing of your Personal Information, and to exercise other rights that apply, please contact KLG by emailing us at hello@klgyoga.com. As part of your request, we may ask for certain information including your name and account information, or the manner in which you have previously interacted with KLG.  We will use this information only to contact you about your request and to verify your request.  You may also designate an authorized agent to submit a request on your behalf. 

Information for Nevada Consumers

Nevada law requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. This information is limited to direct identifiers, such as your name, postal address, and email address. When Nevada consumers opt out of the sale of their information, website operators must ensure that the information is not sold to another business that will further license or sell the information to others.

If you are a Nevada resident and you would like to opt out of any possible sale of this information, please email us at hello@klgyoga.com. For all requests, you must put the statement “Your Nevada Privacy Rights” in the subject field of your request. You must also include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information

Changes to this Privacy Policy

KLG reserves the right to change this Privacy Policy from time to time as it sees fit and your continued use of the Site will signify your acceptance of any adjustment to this Privacy Policy. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our Site. If there are any changes in how we use our customers’ Personal Information, notification by e-mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our Site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Effective Date:

This Privacy Policy is effective as of March 9, 2021.