Liability Release
In consideration of the services of Yoga Love, LLC, including, but not limited to its agents, owners, instructors, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "Yoga Love"), and in consideration of participating in Yoga, any physical movement and/or Fitness classes (hereafter the “Activities”) I HEREBY ACKNOWLEDGE AND AGREE TO IRREVOCABLY RELEASE AND WAIVE, INDEMNIFY, AND DISCHARGE YOGA LOVE, LLC OF ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES/AGENTS, AND ESTATE AS FOLLOWS:
1. I ACKNOWLEDGE that I understand that the Activities include physical movements, as well as an opportunity for relaxation, stress re-education, and relief of muscular tension. As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and, if necessary, ask for support from the teacher or staff. I will continue to breathe smoothly. I ALSO ACKNOWLEDGE that I may be exposed to higher temperatures (ranging from 80 to 100 degrees Fahrenheit) for prolonged periods of time, as is customary in the practice of hot yoga, or the Activities in hot class and should that be the case, I ASSUME ALL RISKS (which may include, among other things, dehydration, heat exhaustion, heat stroke, heat cramps, and muscle strain or damage) AND UNDERSTAND IT IS MY RESPONSIBILITY TO KEEP MYSELF HYDRATED AND COMFORTABLE.
2. I further acknowledge and agree that the Activities are not substitutes for medical attention, examination, diagnosis or treatment. The Activities are not recommended and are not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice the Activities. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST YOGA LOVE, LLC.
3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in the Activities, including, but not limited to: elevated heart rate, fatigue, scratches, bruises, muscle strains or sprains, broken bones, torn ligaments, damaged ioints, dehydration, exhaustion, eye injury, improperly administered first aid, loss of sight, and possibly catastrophic injuries such as death. I attest that I am physically fit and know of no mental or physical problem that may affect my ability to safely participate in any of the Activities. I attest that I will immediately discontinue further participation in any of the Activities if at any time I believe any of the conditions or equipment associated with the Activities are unsafe. My participation in the Activities is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS YOGA LOVE,LLC FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my participation in the Activities or my use of Yoga Love's equipment or facilities, online yoga/ Activities classes, offsite yoga/ Activities classes at selected venues including any such claims which allege negligent acts or omissions of Yoga Love, LLC and including any claims related to COVID-19 or any other illness or disease.
5. Should Yoga Love, LLC or anyone acting on its behalf be required to incur attorney's fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD YOGA LOVE, LLC HARMLESS FOR ALL SUCH FEES AND COSTS.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN THE ACTIVITIES, OR ELSE I AM WILLING TO ASSUME—AND BEAR THE COSTS OF—ALL RISKS THAT MAY BE CREATED, DIRECTLY OR INDIRECTLY, BY ANY SUCH CONDITION.
7. I FURTHER ACKNOWLEDGE AND AGREE that Yoga Love, LLC may, in its sole discretion, bar my participation in the Activities or require my removal from its facilities in order to prevent injury or inconvenience to myself and others.
8. In the event that I file a lawsuit against Yoga Love, LLC, I agree to do so solely in the state of Hawaii, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Photo Release: At times portions of our classes and events may be filmed, photographed, and/or recorded. At times our classes can take place in our physical studio location and at other times in a selected offsite venue. By signing here, you consent to the possible reproduction of your likeness and/or voice, as well as the likeness/voice of any person representing our products and/or services, and you waive any claims in connection therewith.
10. SCHEDULICITY INC. I acknowledge Yoga Love, LLC website utilizes, and is powered by, Schedulicity, Inc. software and Yoga Love, LLC has no control over the Privacy Policy of Schedulicity, Inc. or how Schedulicity, Inc. may use any of my personal information. I hereby release and discharge Yoga Love, LLC and its owners, instructors, officers, employees and agents from any claims I may have now or in the future resulting from the use of my personal information by Schedulicity, Inc. For a copy of Schedulicity, Inc. Privacy Policy please visit the Schedulitcity, Inc. website at www.schedulicity.com.
11. Online Activities: Yoga Love, LLC assumes no responsibility for injuries suffered while practicing these techniques at your home or any other location of your choice. Please seek a qualified medical professional before attending online Activities classes and courses.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that if anyone is injured or property is damaged during my participation in the Activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Yoga Love, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.
I FURTHER ACKNOWLEDGE I HAVE READ AND UNDERSTOOD THIS NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of Minor being permitted by Yoga Love, LLC to participate in its activities and to use its equipment and facilities, I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS YOGA LOVE, LLC FROM ANY AND ALL CLAIMS WHICH ARE BROUGHT BY, OR ON BEHALF OF MINOR, AND WHICH ARE IN ANY WAY CONNECTED WITH SUCH USE OR PARTICIPATION BY MINOR.
I FURTHER ACKNOWLEDGE AND AGREE that Yoga Love, LLC may, in its sole discretion, bar minor’s participation in the Activities or require minor’s removal from its facilities in order to prevent injury or inconvenience to minor and others.
By signing my name here, I accept full liability for participating in the Activities classes at Yoga Love LLC during the COVID-19 Pandemic. I accept full responsibility for being in a group of 12 or more and am participating in these classes at my own risk of exposure to personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including but not limited to, employees, owners, instructors, volunteers, and program participants and their families. I hereby release Yoga Love from any and all claims arising from or in connection with any direct COVID-19 impact while visiting.