Terms and Conditions - Waiver - COVID-19 risk assessment

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By participating in on-line, studio and one2one yoga classes with Hayley Ely I agree to the following terms:* I assume all risk of injuries, known or unknown, associated with participation in classes with Hayley Ely.* I recognise that yoga may require some physical exertion, movement, twists, inversions and breathing techniques and am fully aware of the risk of injury.* I will remain mindful of my breath throughout the class and take appropriate rests by lying down if I notice any changes to my normal breathing pattern, or experience any breathlessness or dizziness.* If I feel any discomfort, or strain during any part of the class anywhere in my body, I will come out of the pose and take a rest by lying down.* I accept that it is my sole responsibility to listen to my body and not perform any posture to the extent of pain or strain. I affirm that I alone am responsible to decide whether to practice or not.* When practicing at home, I will clear enough space around my mat so that I don’t hurt myself on any furniture if I lose my balance* I will use appropriate and suitable props whenever I need to.* I certify that I am physically fit and have no medical conditions that would prevent my full participation in this yoga class.* It is my responsibility to consult with a doctor prior to participating.* I recognise that it is my responsibility to inform Hayley of any physical or psychological conditions or concerns that may affect my practice and will inform her of any serious illness or injury two hours before every class, by phone or email and await her reply before joining.* I acknowledge that I am physically fit and mentally capable of performing this physical activity that I choose to participate in.* I release Hayley Ely, her family and all legal representatives from all liability relating to her teaching of yoga.  By registering and participating in this class I agree that I have read and understood this waiver of liability and I voluntarily and expressly agree to its terms. I, my heirs or legal representatives, forever release, waive, discharge and covenant negligence or other acts. 

Children under 18 years of  age

Any participants under the age of 18 will have prior agreement, after a telephone consultation with Hayley Ely and these terms and agreements must have been read and signed by a parent or legal guardian and emailed to hayley@iheartyoga.co.uk prior to the class.

Pregnancy

iheartyoga Pregnancy classes are for mums-to-be from 14 weeks and upwards. If you take part in these classes and / or other activities with Hayley Ely, you do so at the risk of yourself and your unborn child. By participating in our Pregnancy Yoga classes you hereby agree to the following:

1. I acknowledge that I have consulted with my doctor or midwife prior to beginning these classes. I fully understand  that I am participating completely voluntarily. I accept all responsibility for my health and any resultant injury or mishap that may      affect my well-being or health and/or my baby’s well-being or health in any way.
2. I freely, voluntarily and with such knowledge assume the risk associated with prenatal exercise / yoga. I take full responsibility for the ramifications of my actions and physical condition in connection with my participation in the prenatal yoga      classes. I understand that questions about yoga postures are encouraged  and welcomed, and that students are encouraged to practice at their own  pace, and only engage in poses that feel intuitively right for their bodies.
3. I hereby release Hayley Ely, from any liability now or in the future. I hereby affirm that I have read and fully understand the above. In addition, I have read and accept the full Terms & Conditions / Waiver

Mum & Baby

By booking mum and baby services you do so at the risk of both yourself and your child. Mums can attend classes subject to sign off and approval to get back into exercise by their doctor. We accept mums that have a minimum recovery of 6 -8 weeks post-natural-birth or 8 weeks C-section. Booking means you adhere to our waiver and full T&Cs.

Data Protection

Hayley Ely/ iheartyoga will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with Hayley Ely/ iheartyoga services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting Hayley@iheartyoga.co.uk. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.

Data Protection & GDPR

This is the data protection policy of iheartyoga/Hayley Ely.

Introduction

I work closely at being transparent about how I collect and use the personal data including, in particular, the data of clients/customers of our services. This policy applies to the personal data of all such persons.

*Please note that I do from time to time record live streamed classes this may mean participants are included in the recording* 

Data Protection Principles

iheartyoga along with Hayley Ely processes personal data in accordance with the following data protection principles

Hayley Ely/ iheartyoga processes personal data lawfully, fairly and in a transparent manner.

Hayley Ely/ iheartyoga collects personal data only for specified, explicit and legitimate purposes.

Hayley Ely/ iheartyoga processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.

Hayley Ely/ iheartyoga keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.

Hayley Ely/ iheartyoga keeps personal data only for the period necessary for processing.

Hayley Ely/ iheartyoga adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

Hayley Ely/ iheartyoga tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing via this policy. It will not process personal data of individuals for other reasons. Where Hayley Ely/ iheartyoga relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.

The Legal Basis on Which We Hold Personal Data

We hold personal data under the following permitted reasons provided by the GDPR - so one of these reasons will apply to your data:

(a) Consent: the individual has given clear consent for Hayley Ely/ iheartyoga to process their personal data for a specific purpose, for example health questionnaire 

(b) Contract: the processing is necessary for a membership contract Hayley Ely/ iheartyoga has with the individual, or because they have asked you to take specific steps before entering into a contract.

(c) Legal obligation: the processing is necessary for Hayley Ely/ iheartyoga to comply with the law (not including contractual obligations).

(d) Vital interests: the processing is necessary to protect someone’s life, for example, next of kin data / emergency contact data in case of emergency.

(e) Public task: the processing is necessary for Hayley Ely/ iheartyoga to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.

(f) Legitimate interests: the processing is necessary for Hayley Ely/ iheartyoga legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

Individual rights

As a data subject, individuals have a number of rights in relation to their personal data.

Subject access requests

Individuals have the right to make a subject access request. If an individual makes a subject access request, Hayley Ely/ iheartyoga will tell him/her:

· whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;

· to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;

· for how long his/her personal data is stored (or how that period is decided);

· his/her rights to rectification or erasure of data, or to restrict or object to processing;

· his/her right to complain to the Information Commissioner if he/she thinks 

Hayley Ely/ iheartyoga has failed to comply with his/her data protection rights; and

· whether or not Hayley Ely/ iheartyoga carries out automated decision-making and the logic involved in any such decision-making.

Hayley Ely/ iheartyoga will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

To make a subject access request, the individual should send the request to Hayley@iheartyoga.co.uk

In some cases, Hayley Ely/ iheartyoga may need to ask for proof of identification before the request can be processed. Hayley Ely/ iheartyoga will inform the individual if it needs to verify his/her identity and the documents it requires.

Hayley Ely/ iheartyoga will normally respond to a request within a period of one month from the date it is received. In some cases, such as where Hayley Ely/ iheartyoga processes large amounts of the individual's data, it may respond within three months of the date the request is received. Hayley Ely/ iheartyoga will write to the individual within one month of receiving the original request to tell him/her if this is the case.

If a subject access request is manifestly unfounded or excessive, Hayley Ely/ iheartyoga is not obliged to comply with it. Alternatively, Hayley Ely/ iheartyoga can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request.

A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Hayley Ely/ iheartyoga has already responded. If an individual submits a request that is unfounded or excessive, Hayley Ely/ iheartyoga will notify him/her that this is the case and whether or not it will respond to it.

Other rights

Individuals have a number of other rights in relation to their personal data. They can require Hayley Ely/ iheartyoga:

· rectify inaccurate data;

· stop processing or erase data that is no longer necessary for the purposes of processing;

· stop processing or erase data if the individual's interests override Hayley Ely/ iheartyoga's legitimate grounds for processing data (where Hayley Ely/ iheartyoga relies on its legitimate interests as a reason for processing data);

· stop processing or erase data if processing is unlawful; and

· stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual's interests override Hayley Ely/ iheartyoga's legitimate grounds for processing data.

To ask Hayley Ely/ iheartyoga to take any of these steps, the individual should send the request to Hayley@iheartyoga.co.uk

Data security

Hayley Ely/ iheartyoga takes the security of personal data seriously. Hayley Ely/ iheartyoga has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.

Data breaches

If Hayley Ely/ iheartyoga discovers that there has been a breach of personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Hayley Ely/ iheartyoga will record all data breaches regardless of their effect.

Individual responsibilities

Students

Individuals are responsible for helping Hayley Ely/ iheartyoga keep their personal data up to date. Individuals should let Hayley Ely/ iheartyoga know if data provided to Hayley Ely/ iheartyoga changes, for example if an individual moves house or changes his/her bank details.

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I agree  and adhere to all tems and conditions and COVID-19 risk assessment.

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