Dispute resolution, arbitration & class action waiver

Before starting arbitration, send a written Notice of Dispute to legal@yogaconnect.com describing the problem and the relief you want. We will do the same for any dispute we have with you. Both sides agree to try in good faith to resolve it informally for 60 days. This step is a condition of starting arbitration, and the limitation period is paused while it runs.

Except as stated below, you and YogaConnect agree that any dispute, claim or controversy arising out of or relating to the Platform, these terms, any booking, any waiver, or the relationship between us — whether based in contract, tort, statute, fraud or any other theory, and whether arising before or after acceptance — will be resolved by final and binding individual arbitration, and not in court.

Arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. The seat is New York, New York, but you may elect a hearing in your home county, by phone, or on documents only. The arbitrator may award any individual relief a court could, including statutory damages and attorney's fees where the law provides them.

You and YogaConnect waive the right to a jury trial and the right to bring or take part in a class, collective, consolidated, private attorney general or representative action. The arbitrator may award relief only to the individual party seeking relief, and only to the extent needed by that party's individual claim. If this waiver is found unenforceable as to a particular claim or a particular form of relief, that claim or relief is severed and heard in court, and the rest of the disputes stay in arbitration.

• Claims that qualify for small claims court, brought individually in that court
• Requests for temporary injunctive relief to stop infringement or misuse of intellectual property or unauthorised access
• Individual claims for sexual assault or sexual harassment, which you may bring in court under applicable law
• Any claim that applicable mandatory consumer law says cannot be arbitrated

Filing fees are allocated under the AAA Consumer Rules; where the rules make you responsible for a fee that exceeds the cost of filing in court, we will pay the difference for non-frivolous claims. If 25 or more similar claims are filed by or with coordinated counsel, both sides agree they may be batched in groups of up to 50 for administrative efficiency, with fees allocated per batch.

You may opt out of this arbitration agreement and class action waiver by emailing legal@yogaconnect.com with the subject line "Arbitration opt-out" within 30 days of first accepting these terms, including your name and the email on your account. Opting out has no other effect on your account or on the rest of the terms of service. If you opt out, disputes go to the state or federal courts in New York County, New York, and both sides consent to that jurisdiction.

Any claim must be brought within one year of when it arose, or within the shortest period the law allows if longer is required. This section survives termination of your account and continues to apply after you stop using the Platform.

If mandatory law in your country of residence gives you the right to bring proceedings in your local courts or to a local dispute body, this section does not take that right away. EU and UK consumers may also use the local consumer dispute resolution channels available to them.