Memorandum of Understanding

 

This is a Memorandum of Understanding(MOU) between Yogacation India Private Limited, hereby known as Yogacation, and partner yoga / universities, hereafter known as Institutes in this MOU, engaged in promoting Yoga and Wellness through education, workshops, events, consultancy. Below are the terms and conditions for the MOU.

Terms and Conditions:

(I) Scope of work:

  1. Institutes
  2. Institutes will provide yoga and wellness education in their campus or through distance learning or online classes depending upon their choice.
  3. Institutes may organise workshops, events and provide consultancy services related to yoga and wellness.
  4. It is up to the institutes to provide free or paid facilities to the public commonly known as students/ clients. These facilities will be featured as events on website of Yogacation and will be enabled for booking mechanism through Yogacation.
  5. In case of books and blogs written or published by Institutions, it will be their responsibility to ensure originality of the books and blogs which are featured on the website of Yogacation for digital sale or circulation. The copyright of such books will be with the writer/ institutions whichever is applicable. However, the blogs will have credit to the institutions who has written the blogs, Yogacation will have right to reproduce such blogs for promotion of Yoga and wellness. write. For any legal case or claim arising due to charges of plagiarism, wrong information, offensive contents etc, Yogacation will not be held responsible in any way.
  6. the institute will submit books and magazines in PDF form to Yoagacation.
  7. Yogacation
  8. Yogacation will provide its platform to the institution to register and create their profile, post their free as well as paid classes, sell their e-books, upload their blogs and V-blogs or any activity related with promotion of yoga and wellness.
  9. Yogacation will do the digital marketing, on best effort basis, of above mentioned services posted by institutes on the website of Yogacation. The booking and payment mechanism will be provided by Yogacation through its website. Yogacation cannot guarantee the volume of busines and will not be held responsible and liable for bringing a minimum business.
  10. Yogacation will collect payments made by the clients who have booked the events through the booking and payment mechanism of the website. Yogacation will pay the consolidated amount by the end of the first week of next month or one week after commencement of classes. If booking for any event other than classes had been done well in advance, then the payment to the partner will be done by the end of the next month after the finish of that event. This is to protect the interest of the user of Yogacation in case of cancellation of the event by the partner. In case of sale of eBooks, it will provided on consolidated basis by the ned of next month.
  11. It is difficult to stop piracy of e-books and e-magazines in digital age. Yogacation will not be held liable and responsible for any piracy by the third party and will not be liable for any claims whatsoever.
  12. Joint events
  13. The institute and Yogacation may arrange events jointly by discussing the entire event in detail. The revenue sharing will be based on work assigned after mutual written consent after the discussion.
  14. To promote yoga and wellness, Yogacation may approach different schools/ colleges/ social organizations. Such meetings/ events will be organized by Yogacation jointly with institutes/ partners. Such meetings/ events will be free events.
  15. Partnership under MOU
  16. The partnership is not exclusive partnership on either of the parties. Yogacation will be free to have partnership with any individual/ institutes/ institutions for promotion of yoga and wellness and other parties will be also free to enter into agreement with any other digital platform.
  17. There will be no membership fees for such partnership. Partners will be featured in the respective page without any discrimination. However, due to digital nature of platform, the institutes featuring their events on Yogacation will have more visibility. Yogacation will not be held responsible for any lack or absence of your visibility on the website.
  18. The partnership does not mean that institutes will have shareholding in any form in Yogacation. However, they will be free to subscribe to shares whenever Yogacation will offer shares to them. Any Yoga institute can’t hold more that 10% of total shareholding. Yoga Institutes holding more than 5% shareholding will feature as shareholder yoga institute. This is to bring transparency and uphold ethical values.
  19. The institutes will create and post events by uploading their fliers/sale-pitch/brochures on the website of Yogacation. They will also put the relevant tags to attract the targeted audience.
  20. Yogacation has tie -up with website developers and software developers. Any institute desiring website designing, website updating and maintenance can contact Yogacation team for such activities on payment basis.
  21. Revenue Sharing
  22. The Institutes will be free to price their paid classes/ events. Yogacation will deduct 15% of the booking revenue earned by the classes/ event posted and booked through their website. The commission deducted by Yogacation will be inclusive of GST for the services provided by Yogacation. Yogacation will not charge any commission on booking done by the clients independently and directly with the institutes. In case of sale of e-books and e-magazines, Yogacation will deduct 30% of the price of e-books and e-magazines as Yogacation will spend more resources on promotion and translation of these e-books and magazines.
  23. The Institute will not post higher price for classes/ events on Yogacation website compared to the price for the same event on their website or other digital platforms or any other way. Further, Institutes will not post their contact details on fliers or promotional materials posted on Yogacation website.
  24. The Institutes will not have any claim on revenue generation by Yogacation on account of exclusive activities of Yogacation. For example: Revenue from advertisements, donations from corporates, sales of e-books on which Yogacation have copyright etc.
  25. All money transactions by clients through Yogacation website should be done only with the Yogacation bank account. The institute will not take any money directly from the clients who have come through Yogacation website.
  26. The institute should not solicit any clients acquired through Yogacation website and persuade them to became their direct clients. In case of such violation of agreement , it will be difficult for Yogacation to promote events of such institutes. However, clients can decide on their own to book any future events of that institute directly.
  27. Any conflict with clients or potential clients should be mutually discussed and closed by the institute.
  28. Any institute desirous of promoting event posted by any other institute may contact Yogacation team and can do the marketing promotion after having written consent of Yogacation. Such partner will be known as promotion partners. Yogacation will pay such promotion partners 20% of commission earned by Yogacation on bookings brought by such promotion partners. The common objective should be promoting Yoga and wellness.
  29. For any new program launched in the market, the institute can reach out to Yogacation team if there are any queries. Yogacation will try to arrange such programs jointly with institute or try to develop such features on best effort basis to enable institutes to host such program independently through Yogacation website.

Other terms and conditions

  1. The Partner should not use Yogacation brand for his/her personal benefit.
  2. After signing the MOU, the institute can register themselves as partner and start using Yogacation Website and its features.
  3. The institute would not be using any of the Yogacation leads for any personal benefit. The partners will not divulge any programs and features whichever come up during discussion to any other party or digital platform.
  4. Any operational issues/escalations during the whole engagement should be reported immediately to support team of Yogacation.
  5. Any new initiatives or features launched or to be launched will be intimated to partners so that they can be also partner in promoting yoga and wellness.
  6. At any point of time, a institute can post maximum 10 events on Yogacation digital platform.
  7. Yogacation will try to involve corporates/ institutions to promote yoga and wellness to their employees as well as clients. Yogacation will enter into agreement with such parties. Yogacation will provide them yoga and wellness teachers from the pool of its partner yoga institutes and yoga teachers/ wellness instructors.
  8. Minimum Commitment: There will be no minimum commitment on either parties, Yogacation and partner.
  9. Engagement model: Once you are onboarded as a Partner, Yogacation will arrange 2 orientation sessions with you so that you can get started. Other than this, Yogacation is not entitled for any other hand holding.
  10. For any cancellations or postponement for the programs, Yogacation must be informed at least 15 days before. Even while posting your events, the institute must write if there is any possibility of cancellation of events so that outstation clients may be aware of that risk. Any claim on account of such cancellation will not have any liability on Yogacation. If there are any last-minute changes due to emergencies and natural disasters, Yogacation team must be informed immediately by the institute so that clients can be advised immediately. Frequent cancellation of any event by any institute will amount to violation of the MOU and Yogacation will have the liberty to terminate this MOU.
  11. As Yogacation is trying its best to guarantee the quality of partners. The certificate and testimonial provided by the partners will be verified by Yogacation and it will be decided by Yogacation to admit any such persons/ institutions as partners. The decision taken by Yogacation in this regard will be final. However, this condition will not be applicable to reputed Yoga and wellness institutes.
  12. There would be no say from Yogacation in terms of changing the content, facilitators, venue, mode of training unless Yogacation is also partner in that event.
  13. The institute as well as Yogacation would maintain integrity and would not indulge in any activity which undermines anyone’s brand image. Either of the parties will have the discretion to cancel the agreement in such instances.