Policies - Waiver - Terms

Release of Liability & Assumption of Risk Agreement

Release of Liability, Waiver of Indemnity, & Client Assumption of Risk

Required by all participants in activities hosted, managed, or advertised by AERIOS INC DBA OUTERMOST YOGA ("OUTERMOST YOGA") in conjunction with any other entity or individual; named or unnamed.

By accepting this waiver via electronic signature, you ("The Client") make it clear and binding that you understand and agree to the following:

  1. Any type of yoga requires physical exertion that may be strenuous and may cause physical injury. I ("The Client") am fully aware of the risks and hazards involved.

  2. It is my ("The Client"'s) responsibility to consult with a physician prior to participating in any yoga class, workshop, event, program, retreat or experience ("Offering") sponsored, hosted, managed, contributed to, or advertised by OUTERMOST YOGA and its representatives, facilitators, instructors, staff, or partners ("Team") and at any studio, space, or business ("Location") where said "Offering" is taking place, including the parking facilities and walkways provided by or adjacent to the "Location", wherever located (“Off Premises”), and whether that be in-person or online.

  3. I ("The Client") represent and warrant that I am physically fit and have no psychological, medical or emotional condition that would prevent me from safe participation in any yoga class, workshop, or experience at the "Location" or "Off Premises".

  4. I ("The Client") understand that instructors may provide physical adjustments during an "Offering". It is my responsibility to verbally inform the instructor prior to any "Offering" if I do not want or cannot have such physical adjustments. It is also my responsibility to verbally inform the instructor when an adjustment has gone as far as I desire at that time.

  5. I ("The Client") release and discharge "OUTERMOST YOGA", its past and present directors, and the past and present "OUTERMOST YOGA" instructors, independent contractors, adjusters, employees, staff volunteers, heirs, successors, assigns and all other parties related to the "Location" and "Off Premises", including but not limited to Lower Cape Communications Inc (WOMR), Boatslip LLC, & Stowaway Guesthouse LLC (“Released Parties”) from any and all liability, claims, demands or actions that I may have resulting from injury, death or damages arising from my participation in an "Offering" at the "Location" or "Off Premises", whether in-person or online, including loss that may be caused by the negligence of any "Released Party".

  6. I ("The Client") release and discharge the "Released Parties" from any and all liability, claims, demands or actions that I may have related to the loss, theft or damage of any of my personal property from the "Location" or "Off Premises".

  7. I also agree that this release and waiver of liability agreement (“Agreement”) shall be governed by the laws of the State of Massachusetts. If any conflict arises between me and a Related Party that cannot be resolved informally, I agree to first mediate the dispute, with a mutually agreed upon mediator in Provincetown, MA, with both parties sharing equally the fees paid to said mediator. If mediation fails to resolve the dispute, I agree that the matter will be submitted to binding arbitration in Barnstable, MA, before a mutually agreed upon arbitrator, with the prevailing party responsible for payment of all fees to said arbitrator.

  8. I recognize that this "Agreement" is a legal contract and understand that I am giving up substantial rights, including the right to sue in a court of law. I also acknowledge and agree that this "Agreement" applies to all claims, losses, damages and causes of action, of whatever nature, whether these claims, damages or losses are known or unknown, foreseen or unforeseen or patent or latent, which I may have against any and all "Released Parties".

Notice of Photography or Videography

    I the Client understand that I may appear in photo or video content for the sake of marketing purposes on behalf of the business. Outermost Yoga agrees not to sell my identity or likeness beyond agreed upon marketing purposes. If I do not wish to appear in any photo or video content I will request removal of any public content by writing directly to the Director at info@outermostyoga.com

Addendum to Outermost Yoga Studio Waiver

  1. The terms and conditions of the attached Outermost Yoga Studio Waiver are incorporated by reference and made a part hereof as if set forth in full.

  2. It is understood that OUTERMOST YOGA will be conducting programs on the premises of THE BOATSLIP LLC, (“the Program” For any and all purposes, THE BOATSLIP LLC, its officers, directors, members, employees, independent contractors, successors, assigns and all other related parties, past and present, shall be deemed “Released Parties” under the terms of the Waiver and are entitled to all rights and remedies as such.

  3. THE BOATSLIP LLC shall be considered an “Off Premises” location as referred to in the Waiver, and be entitled to all rights and remedies as such.

  4. The BOATSLIP LLC and OUTERMOST YOGA have put in place preventative measures to reduce the spread of COVID-19; however, neither party can guarantee that you or anyone participating in the Program will not become infected with COVID-19. By signing this addendum, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by your participation in the Program.

  5. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself. On your behalf, and on behalf of your successors and assigns, you hereby release, discharge, and hold harmless The Released Parties of and from any claims relating to Covid-19.

Consent to the Terms

  1. You agree that by accepting this release and registering for any "Offering", you are consenting to the use of your registration information, including your name and email address, as a legally acceptable and binding electronic signature under the Massachusetts Uniform Electronic Transactions Act (UETA) and the federal Electronic Signatures in the Global and National Commerce (ESIGN) Act.

  2. You have the right to request a copy of this release at anytime by writing to the address below. You acknowledge your right to request to sign a paper waiver in-person. You also acknowledge that your request for a paper waiver may delay your entry into any "Offering" for which you may have registered. No entry is granted without a signed (electronically or otherwise) release on file prior to the start time of any "Offering".

  3. I have read this "Agreement" and fully understand its content and meaning, and sign it of my own free will at the time and place of my registration for any "Offering", electronically or otherwise .

  4. I am over the age of 18.

Aerios INC dba Outermost Yoga c/o Stefan Piscitelli PO Box 1714 Provincetown MA 02657

Financial Policy

By registering for any "Offering" you agree to the following financial policy as set forth by Stefan Piscitelli ("the Director"), sole owner and financial officer of AERIOS INC DBA OUTERMOST YOGA:

  1. Payment and Packages:

Payment for goods and services will be made in full at the time of registration or checkout. No extensions for payment will be granted.

Payment can be made via credit card, debit card, Venmo, or cash. Personal checks will not be accepted.

The individual drop-in rate is $20 per person from October through March ("WINTER"); $25 per person May through September ("SUMMER"). Class packages may be purchased for $150 in "WINTER" and $185 in "SUMMER" and are good for ten (10) normal class offerings. Class packages may or may not be used for special programming; this is at the discretion of "the Director" and/or any program host not directly affiliated with Outermost Yoga.

Class packages are non-transferrable, meaning they belong solely to the person in whose name they were purchased and cannot be shared between the purchaser and another party, friend, or family member.

Class packages are non-refundable (see the Refunds section for more details).

Class packages are valid for the time specified during their purchase or until otherwise noted. Clients will be informed of any changes to class pass policy via email. The Director reserves the right to change this policy at any time.

  1. Refunds:

Refunds for goods and services will be issued at the discretion of ("the Director").

No refunds will be issued for: unused or partially used class packages; services for which the registered client did not attend without prior notice; any services fully rendered or participated in by the client but which did not satisfy the client; classes canceled due to weather; goods that have been used or damaged beyond resale.

A credit or exchange of item may be issued for: classes canceled due to extenuating circumstances on the part of Outermost Yoga or its facilitators; services not rendered / classes not taken by the client with notice in writing prior to the start time of the service; goods damaged prior to sale.

A refund may be issued for: services canceled due to extenuating circumstances on the part of Outermost Yoga or its facilitators; services unattended or canceled due to extenuating circumstances on the part of the client; services or goods in the case of personal loss, injury, or insult.

  1. Cancellations & Rescheduling

Services canceled by Outermost Yoga, its facilitators, or affiliates will be communicated immediately to all registered clients via email. Depending on the circumstance as described in the section titled "Refunds," a credit or refund may be issued, at the discretion of "the Director."

Clients who wish to cancel or reschedule their registration for any service must do so prior to the start time of said service by writing to [info@outermostyoga.com][0] with a clear description of their need and the details of the service to which they are referring.

Clients who do not cancel or reschedule their registration prior to class start time will forfeit their fee, whether that is the drop-in rate or a class from their pre-purchased package.

By using this website to register and/or make payments for goods and/or services, you agreed to the preceding terms of this financial policy

Terms & Conditions of Use

  1. Terms:

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

  1. Use License:

Permission is granted to temporarily download one copy of the materials (information or software) on the websites owned or controlled by AERIOS INC DBA OUTERMOST YOGA (“Outermost Yoga”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Outermost Yoga’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Outermost Yoga at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. Disclaimer:

The materials on Outermost Yoga’s website are provided “as is”. Outermost Yoga makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Outermost Yoga does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

  1. Limitations:

In no event shall Outermost Yoga or its parents, subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Outermost Yoga’s websites, even if Outermost Yoga or a Outermost Yoga authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Revisions and Errata:

The materials appearing on Outermost Yoga’s website could include technical, typographical, or photographic errors. Wanderlust does not warrant that any of the materials on its websites are accurate, complete, or current. Outermost Yoga may make changes to the materials contained on its websites at any time without notice. Outermost Yoga does not, however, make any commitment to update the materials.

  1. Links:

Outermost Yoga has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Outermost Yoga of the site. Use of any such linked website is at the user’s own risk.

  1. Site Terms of Use Modifications:

Outermost Yoga may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  1. Governing Law:

Any claim relating to Outermost Yoga website shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.

  1. Privacy Policy:

Your privacy is very important to us. Accordingly, we have developed a privacy policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Please review our privacy policy carefully.

Privacy Policy

  1. Overview:

This privacy policy (“Privacy Policy“) sets out the privacy policies and practices for AERIOS INC DBA OUTERMOST YOGA and its subsidiaries and affiliates (collectively “Outermost Yoga“) with respect to how Outermost Yoga collects your personal information. It also describes how Outermost Yoga maintains, uses, and discloses personal information.

This Privacy Policy applies to information collected from you by Outermost Yoga or our affiliates via this website and websites operated or provided by Outermost Yoga or our affiliates, including outermostyoga.com and various subdomains, as well as various third-party websites operated or controlled by Outermost Yoga, including Squarespace and its integrations for marketing, transactions, scheduling, web hosting, sales (Square), and other SaaS providers (collectively, the “Sites“); our yoga studios (the “Locations”); our festivals and other events (the “Events”); and other places where we may collect personal information. This Privacy Policy also sets out how you can access certain information that Outermost Yoga may collect about you.

In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by Outermost Yoga. This Privacy Policy does not apply to such third party websites, and Outermost Yoga is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Outermost Yoga encourages you to request and review the privacy policies of any third parties upon disclosing your personal information to such parties or when visiting such third party websites.

  1. Consent:

BY SUBMITTING PERSONAL INFORMATION TO Outermost Yoga OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT Outermost Yoga MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Outermost Yoga at the address provided below. If you refuse or withdraw your consent, you acknowledge that Outermost Yoga may not be able to provide you or continue to provide you with certain services or information that may be of value to you.

  1. Revisions to This Privacy Policy:

Outermost Yoga reserves the right, at Outermost Yoga’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Outermost Yoga will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Outermost Yoga will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law. This Privacy Policy was last updated May 15, 2018.

  1. Collection of Your Information:

Outermost Yoga may collect personal information in connection with your use or purchase of Outermost Yoga’s products and services, including at the Studios, Events or through your use of the Sites, which may include information provided in connection with the following activities:

Registering or filling in forms on the Sites or at our Events or Studios. This includes information you may provide when you request additional information about Outermost Yoga’s products and services or sign up to receive Outermost Yoga’s email newsletters or coupons.

Your usage of the Sites and your IP address, for the purpose of informing user experience and providing personalised ads.

Completing your user profile on the Sites.

Purchasing any product or service from Outermost Yoga through the Sites.

Requesting information or assistance from Outermost Yoga. Outermost Yoga may keep a copy of any communications or correspondence you may send to it, including any email communications.

Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Outermost Yoga’s products and services.

Participating in consumer contests, sweepstakes and other promotions. Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).

The personal information that Outermost Yoga may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to Outermost Yoga, or in other communications to Outermost Yoga. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual that is provided by you to Outermost Yoga.

Outermost Yoga may also collect information that may not be personal information, which may include, but is not limited to, your IP address, the frequency of user visits to the Sites, the routes by which users access the Sites and use of any hyperlinks available on the Sites. Outermost Yoga or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

  1. Cookies:

Like many websites, Outermost Yoga utilizes “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Outermost Yoga with personal information. Cookies help Outermost Yoga to improve the Sites and to deliver more personalized service by enabling Outermost Yoga to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Outermost Yoga’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.

  1. IP Addresses:

An IP address is a computer’s numeric address within a network. Outermost Yoga may record your IP address when you visit or use services or features on the Sites. Outermost Yoga may use your IP address for the purposes noted above, and also to help diagnose problems with Outermost Yoga’s server, or to administer the Sites. Outermost Yoga may also use your IP address to identify you when Outermost Yoga feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, systems, information, employees, service providers, business partners, users, customers and others.

  1. Protection of Your Information:

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Outermost Yoga uses physical, technological and administrative procedures to protect the personal information that Outermost Yoga collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Sites may be read or intercepted by others. If you have any questions about the security of personal information collected by Outermost Yoga, please contact outermostyoga@gmail.com.

Many sections of the Sites are not confidential and are available for public viewing. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites. By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Outermost Yoga or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

  1. Use of Your Personal information:

Upon Outermost Yoga’s collection of your personal information, Outermost Yoga may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

To develop, enhance, market, sell or otherwise provide information, products or services; To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Outermost Yoga including at the Studios, on or through the Sites or through the Events; To conduct or administer contests, sweepstakes or other promotions in which you have participated; To contact you and to respond to any communications that you may have had with us; To troubleshoot problems with the Sites; To customize your experience or homepage on the Sites; To develop and manage Outermost Yoga’s business and operations; To enforce Outermost Yoga’s Terms of Use or comply with this Privacy Policy; To detect and protect Outermost Yoga and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Outermost Yoga’s policies and contractual obligations; To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Outermost Yoga; As permitted by, and to comply with, any legal or regulatory requirements or provisions; or To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Outermost Yoga is required to do so by law or legal process or if Outermost Yoga determines, in its sole discretion, that such action is necessary to protect the rights of Outermost Yoga, third parties, and other users of the Sites or for purposes of responding to your request for customer service. For any other purpose to which you consent. Personal information collected by Outermost Yoga may be transferred to, stored and processed in the United States. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

  1. Disclosure of Your Information:

Outermost Yoga may disclose your personal information to its subsidiaries or affiliates and to third parties whom Outermost Yoga hires to provide services on Outermost Yoga’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Outermost Yoga’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Outermost Yoga will only provide those third parties with the personal information that they need to deliver the services to Outermost Yoga and/or on Outermost Yoga’s behalf.

In the event that Outermost Yoga is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Outermost Yoga, you consent to your personal information and any other information Outermost Yoga may have collected being transferred to another party in connection with such transaction. You also consent to Outermost Yoga disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Outermost Yoga’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

  1. Retention of Your Personal information:

The personal information that you provide will be retained by Outermost Yoga in accordance with applicable laws. However, Outermost Yoga will destroy or permanently de-identify personal information it holds if requested by you.

  1. Children’s Privacy:

Outermost Yoga recognizes the privacy interests of children and Outermost Yoga encourages parents and guardians to take an active role in their children’s online activities and interests. The Sites are not intended for children under the age of 18. Outermost Yoga does not target its services or the Sites to children under 18. Outermost Yoga does not knowingly collect personal information from children under the age of 18.

  1. Choice and Opt-Out Preferences:

Outermost Yoga collects the following information via first party cookies: IP address and website usage; in the case of one-on-one marketing promotion: your first name, last name, email address, city, country and postal code, obtained at your provision through newsletter subscription opt-in. If at any time you prefer not to receive further email communications from Outermost Yoga (except with respect to transactional communications regarding information, products or services specifically purchased or requested by you), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Outermost Yoga. To opt out of receiving behavior-based advertising, please visit Google’s Ads Settings, the DoubleClick opt-out page, Facebook’s Ad Settings manager, and LinkedIn’s Cookie Settings. To opt out of personalized content, please visit MailChimp’s Website Cookies Preferences tool on their Cookies Statement page and Google’s User Privacy Hub.

We and our third party partners may use other technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. While you may not have the ability to specifically reject or disable these tracking technologies, in most instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.

  1. Access and Correction:

Outermost Yoga will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions, Outermost Yoga will inform you of the existence, use and disclosure of your personal information and provide you with a copy of that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Outermost Yoga holds about you is not accurate, complete or up to date, you may write to us at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Outermost Yoga will take reasonable steps to correct the information so that it is accurate, complete and up to date.

  1. Request for Access and Correction, Questions or Comments:

Outermost Yoga welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the Outermost Yoga at:

Outermost Yoga c/o Stefan Piscitelli PO BOX 1714 Provincetown MA 02657