In parallel to the rise of Virtual Yoga Classes, there’s been another seismic shift in the world of yoga; teachers are separating from studios and launching independently, either opening up their own studios or providing classes privately and virtually (many taking a hybrid approach).  The opportunity to launch as a solo-preneur addresses many of the professional struggles that have plagued yoga teachers for years (physical exhaustion from teaching many classes in many different locations, little time for personal practice and rest, and low pay) and offers the chance for mo’ money, freedom and often, broader access to students.  

 Okay, so, mo’ money, freedom and access to students – what’s the catch?  Well, by severing ties with a studio, the teacher becomes responsible and liable for many more of the legal and business implications of their work.  Insurance, contracts, liability – all of it.  I’ve included a few examples below, but I encourage you to check back to DSJ regularly as I will continue to post and write on these topics and others.  

Insurance  

• Insurance policies are specific and it’s important to understand exactly the scope of coverage your policy provides.  As a solo-preneur you no longer have the benefit of protection under any policies your former studio or gym had in place (e.g. commercial general liability insurance for things like a student slipping and falling in the locker room).  Call your insurance provider and ensure you understand: 1) the scope of your current coverage and 2) whether you are in need of additional coverage given your transition to that of a solo-preneuer. 

 Contracts  

• Often studios require students to sign a Waiver of Liability as part of the “new student” paperwork.  There may also be Terms and Conditions that a student is required to ‘click though’ when registering for a class.  Each of these elements are part of a broader strategy to shield the studio from liability.  When you work at the studio, chances are you were afforded some of those protections as an employee or independent contractor.  Now, as a solo-preneur you need to develop your own strategy to shield yourself and your business from potential liability.  DSJ is here to help you with that. 

 Last I posted, I was in discussions with my insurance provider, Philadelphia Insurance Companies (“PHLY”) regarding written confirmation that my Fitness and Wellness Insurance Policy provides coverage for online offerings. Remember, I previously received verbal confirmation from a PHLY representative, but in writing is always best!  Next step is to save this email with my insurance policy to ensure it is easily accessible if and when I need it. 

 The email I received from PHLY confirmed the following: 

 1)    My policy provides coverage for online classes provided that waivers are completed for all students; and 

2)    Online, prerecorded videos (accessible to the masses) are also covered IF a disclaimer is attached the video.  

 A disclaimer is basically a statement that claims to relinquish legal responsibility on behalf of the person or the business making the statement.  An example of what this may look like is below: 

• “All content in this class is provided “as is” without a warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular use and/or non-infringement.  Gingerly Living assumes no responsibility for damage or injury to you or other property resulting from your use of this class.  You understand and agree that use of this class is at your own risk. Gingerly Living shall not be liable for any damages arising from your use of this class.  You understand that by engaging with or using this content you implicitly signify your agreement to all parts of this disclaimer.” 

So – to summarize where we are with respect to insurance coverage for virtual yoga classes –  

• Call your insurance company to confirm the extent to which your policy provides coverage.

• Your policy may require that waivers are completed by each student. 

• Your policy may require that a disclaimer is attached to online, pre-recorded classes. 

If your policy does not include language that addresses coverage for online classes, ask for either: 1) an amended policy that includes language of this type (best case scenario) or 2) an email confirmation of the coverage your policy actually provides.

Blanket secured.  

Disclaimer: Although I am a licensed attorney, this article is NOT intended to serve as legal advice and absent a signed engagement letter, no attorney-client relationship is formed by way of this blog post. Rather, this article is offered to provide basic information to yoga professionals to encourage them to be active participants in the legal and business issues in the yoga industry. Please use this as an informative guide in addition to consulting a licensed attorney as appropriate.

A folded blanket at the front of your mat when you lift into Bakasana (crow pose); it won’t stop you from falling, but it will provide a bit of cushion to soften a fall. Insurance for your business? One and the same. It won’t stop a litigious yogi from making a claim, but it does provide financial cushion to soften the impact on your business.

If you are a yogi providing virtual yoga classes, it is critical to confirm with your insurance provider the extent to which you have coverage for virtual classes.

I have a Fitness and Wellness Insurance Policy with Philadelphia Insurance Companies that provides both Professional Liability Coverage (covers my teaching services) and General Liability Coverage (covers general risks). In speaking with my insurance provider for purposes of writing this blog post, I learned a few things about my policy: 1) My insurance policy covers claims that result from teaching in-person and online yoga classes so long as the students sign waivers; no waivers, no coverage; 2) My insurance policy only covers virtual yoga classes that are LIVE and in-person though in a virtual environment; this means coverage does not extend to recorded classes or classes where I can’t see my students (e.g. YouTube or Instagram LIVE); 3) My insurance policy does NOT expressly say any of this – rather it is understood (?) to be covered by the language of the policy. As you can imagine, I was less than thrilled with this response (if it’s not in writing, does it even exist!?) so, I am currently in discussions with the insurance company to add explicit language regarding virtual class coverage to my policy. Stay tuned.

Make the call and protect yourself and your business.

I share this with you my fellow virtual-yogis to encourage you to call your insurance provider and learn more regarding the extent of your coverage for virtual classes. Imagine lifting your toes off of your mat, flying forward into Bakasana and then realizing that your “crash-pad” is no longer there.

Avoid unnecessary exposure by ensuring that proper coverage is in place. Fly.

Disclaimer: Although I am a licensed attorney, this article is NOT intended to serve as legal advice and absent a signed engagement letter, no attorney-client relationship is formed by way of this blog post. Rather, this article is offered to provide basic information to yoga professionals to encourage them to be active participants in the legal and business issues in the yoga industry. Please use this as an informative guide in addition to consulting a licensed attorney as appropriate.

Love ‘em or not, virtual yoga classes are here to stay.  Between the convenience they provide for both students and teachers and the additional income stream many studios are receiving through “On Demand” prerecorded class options, it just makes good sense.  But who owns the videos and content of the prerecorded classes? If a teacher leaves a studio, do they have the right to take the videos with them or share the class content elsewhere? 

Virtual Yoga Classes Are Here To Stay

We can seek guidance from prior legal cases that dealt with similar issues.  For example, Bikram Choudhury sought copyright protection for the 26-pose Bikram Yoga sequence, but the copyright was ultimately denied. The court decided that the sequence of yoga postures was not copyrightable subject matter because it was too abstract.  In the court’s words: “You can't protect an idea, but you can protect the expression of that idea. Since copyright law only protects the expression of ideas – for example, the words and pictures used to describe the Sequence – the Sequence itself is not protectable and ineligible for copyright protection as a "compilation" or "choreographic work."

Yoga Sequences Are Not Protectable Under Copyright Law Unless They Are In A Fixed Format

Fast forward to the year 2021 where pre-recorded yoga classes have become common practice in the industry. Although the sequences or “ideas” shared in the recorded videos are not protectable by copyright law, the expression of those ideas in any fixed form is protectable. The expression can be in video, audio, book or any other fixed form of media.

Video, Audio, Book, & Illustration Are All Examples Of A Fixed Format

Ownership of a copyright is a separate issue from whether a work is copyrightable in the first place. A key element in determining ownership of the copyrightable work between the teacher of the class and the studio is the teacher’s employment status as either an employee or an independent contractor of the studio.  If the work qualifies as a “work made for hire” (see below) the studio is the owner of the work.  If the teacher is an independent contractor (as most are) AND the work does not qualify as a “work made for hire”, then the teacher, as the creator of the work, is also the owner.  

Ownership Of The Copyright Depends On What’s In Writing

Under Section 101 of The Copyright Act a “work made for hire” is either: 

1)  a work prepared by an employee within the scope of his or her employment or 


2)  if created by an independent contractor AND it falls within one of the nine categories of Works AND there is a written agreement between the parties specifying that the work is a “work made for hire” 


In the absence of such a written agreement, ownership of the work at issue shall belong to the author of the work, the teacher.  

Yoga teachers! It is important to clearly understand your employment status with the studios, gyms, buildings, platforms etc. where you offer your classes.  Your status as an employee or an independent contractor impacts not only copyright ownership as discussed here, but other legal rights too.  

Understand Your Employment Status

Yoga studios!  It is important that your teachers clearly understand their employment status with you and that you have contracts in place that clearly define ownership of prerecorded class content as between teacher and studio. Discuss this issue at the outset of the teacher/studio relationship to ensure clear understanding on both sides. A straightforward discussion at the beginning of your relationship will reduce the likelihood of confusion, or legal difficulties down the road.  

Put It In Writing

As the practice of yoga continues to spread in the West, the business of yoga will continue to change and it’s important that we keep up! Visit me here to continue building your knowledge of the contracts and legal issues that impact your yoga-business. 

Disclaimer: Although I am a licensed attorney, this article is NOT intended to serve as legal advice and absent a signed engagement letter, no attorney-client relationship is formed by way of this blog post. Rather, this article is offered to provide basic information to yoga professionals to encourage them to be active participants in the legal and business issues in the yoga industry. Please use this as an informative guide in addition to consulting a licensed attorney as appropriate. 

As yoga teachers we understand that the very best yoga happens off the mat. It is when we apply the principles of the yoga practice to our life that we truly enjoy the rewards of the practice. This guide is intended to encourage you, as yoga teachers and yoga studio owners, to apply skills and principles from your asana practice to the contracts that impact your small business. Whether it is a lease for a studio, a service agreement for an event or a liability waiver for each and every one of your students (an absolute must!), these 5 principles are here to guide and support you throughout your contract review much like a block or bolster supports your yoga practice.

ALIGNMENT.

• When in tadasana (mountain pose), you think heels, hips, shoulders, head. Stack your joints, align your spine. Similarly, in a contract, alignment of the terms is key and misalignment of even just one provision can weaken the agreement. For example, if the contract calls for payment to be provided within thirty (30) days of completion of the Services, but there is a later mention that payment is to be provided upon reasonable satisfaction of the Customer, these terms are not in alignment. Do not assume that because your preferred manner of payment is included, all is well. Do not assume that even though the contract calls for two different manners of payment, there is an understanding between the parties that one is preferred over the other. The inclusion of both terms introduces the possibility of conflicting interpretations of the language. Raise the issue and align on one process for payment.

PRECISION.

• A subtle shift, turn, lift or cue has the power to completely change your experience in a pose no matter how simple or seemingly obvious. It’s the precision of the cue that makes it powerful. In a strong contract every word serves a precise purpose, less is more and there is power in precision. Think of how impactful mistaking the word “or” for “and” or vice versa could be in an agreement. “Services will include a thirty (30) minute asana sequence and/or a thirty (30) minute guided meditation with reiki.” Do the Services include both an asana sequence and a guided meditation with reiki or are the Services limited to one or the other? The meaning hinges on just two small words. There is power in precision.

REPETITION.

• The more we teach yoga the more we develop a toolkit of cues applicable to a variety of poses, whether they be standing, seated or balancing shapes. Repetition may also be used by a teacher to emphasize a particular point of focus and attention to the students. “Tailbone heavies towards the mat.” This cue is applicable to nearly every standing posture and many seated postures as well. This same principle of repetition applies in drafting contracts. As you read a contract you’ll notice certain “go-to” phrases or words used with all different terms and conditions. “Yoga Teacher shall be permitted to post pictures of the Event on Yoga Teacher’s social media platforms, upon Customer’s prior written approval.” “Any costs beyond those reflected in this Agreement shall require Customer’s prior written approval.” The Customer is repeatedly using the phrase, “…prior written approval” to emphasize to the Yoga Teacher, “put it in writing and ask first!” If you see a word or phrase repeatedly in your contract, pay attention!

SOFTEN.

• Bring to mind yourself as a newbie-yogi doing your damndest to hold vrkasana (tree pose), standing so rigidly that the slightest wind could blow you over.  Despite the need for structure in vrkasana and in contracts, sometimes rigidity does not lend itself to the desired result, and instead what is needed is a little softening around the edges. If you see language in your contract that invites subjectivity as to its meaning, before you strike it, consider whether it may be beneficial to your desired outcome.  A common example is the use of the word “reasonable” prior to a term.  For example: “…within a reasonable amount of time.”  If the circumstances surrounding a particular event are not entirely known, rather than limit the language to a specific amount of time, the term may be better served by the use of ‘softer’ language (e.g. what a “reasonable” yogi would deem to be a reasonable amount of time). 

PRACTICE.

• Practice is the habitual act of repeatedly doing something to improve your ability in that something. There is a reason yoga is designated to be a “practice” and there is a reason law is designated to be a “practice”. Both are skillsets that with time and repetition your abilities will improve, but there is no endpoint at which the practice is complete. Be patient with yourself and don’t forget to breathe, breathe, breathe as you read, read, read.

Disclaimer: This article is NOT intended to serve as legal advice. Rather, it is offered to provide basic information and guidance to yoga instructors to encourage them to be active participants in the contract processes that impact their businesses. Although these principles were drafted with great care in accordance with applicable law, they are by no means an exhaustive list of contract principles and will not be applicable or accurate in every situation. Please use these principles as a guide in addition to consulting a licensed attorney as appropriate.