*Please email YogiArielle@gmail.com with any questions or concerns.
Liability Waiver and Service Agreement
This Liability Waiver and Service Agreement is intended to be a legally binding document, and when signed has legal consequences for the signor. Please read this carefully before signing. By signing below, I acknowledge that I have read, agree, and attest to the following:
- I am voluntarily electing to participate in classes or services during which I will receive information and instruction about yoga, fitness, and health. I am aware that participating in any physical exercise, sports activity, fitness program, or movement, can be dangerous and may cause physical injury. I acknowledge that I am participating in these activities willfully and assume all risks and dangers of injury from my actions or the actions of others. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such classes or services.
- I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any physical fitness program, including yoga. I have been examined by a physician within the past year and have been found to be in good physical health and fully capable of performing all yoga and fitness exercises that may be taught during classes or services. If I have not been examined within one year, then I have decided to participate in all activities at my own risk, assuming all responsibilities for my participation. I represent and warrant that I have no medical condition that would prevent my participation in physical fitness activities.
- In consideration of being permitted to participate in the yoga, fitness, and any other classes or services, I agree to assume full responsibility for any risks, injuries, or damages, known and unknown, which I might incur as a result of participating. I accept all risks as stated herein, and I hereby knowingly, freely, voluntarily, and expressly RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS: Arielle Levinson, A/K/A Arielle Capuano, A/K/A Arielle Levinson Capuano, A/K/A Yogi Arielle, Castlemade, LLC, and any teachers, agents, employees, volunteers, or independent contractors acting on their behalf (hereinafter collectively referred to as “the Teacher”) from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the, including but not limited to, sole, contributory or gross negligence of the teacher, or otherwise, while participating in such class or service, or while in, on or upon the premises where the activity is being conducted. I agree and understand that the Teacher will not be liable for any liability, claims or causes of action or demands of any kind or nature whatsoever that may result or arise, by or in connection with my participation in any activities related to the classes or services offered. The scope of this document includes, without limitation any personal, bodily, or mental injury, economic loss or damage to me, my spouse, dependents, children or relatives resulting from any and all acts of negligence. I expressly waive any claim I may have against the Teacher for injuries or damages that may occur as a result of participating in classes or services occurring virtually online, or in person, at any location. This release shall unequivocally release the Teacher from all claims injuries and damages, present or future, anticipated or unanticipated, resulting from or arising out of my use or intended participation.
- It is my express intent that this Liability Waiver and Service Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, personal representatives, executors and assigns, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the Teacher. I hereby further agree that this Liability Waiver and Service Agreement shall be construed in accordance with the laws of the State of Florida, and venue for the adjudication of any dispute relating to this Liability Waiver and Service Agreement shall be Broward County, Florida.
- All movements, postures, and guidance that are cued and/or demoed are only suggested, and not required for everyone to perform. I understand that I am responsible for my own health and safety, and I will listen to my body and do what feels good. If something does not feel good, I will stop the movement or posture or modify it to suit my body. I may choose to also just sit down, breathe, and rest.
- I freely, voluntarily, and expressly grant permission to the Teacher to take and use photographs and/or videos taken of me during classes or lessons for editorial, educational, promotional, resale, and advertising purposes, or in furtherance of any business objectives of the Teacher.
- I expressly acknowledge that all class and service fees are non-refundable. Fees will be set by the Teacher and are payable and due in advance of any related class or service. I understand that space may be limited, and for any class or service that requires an RSVP or reservation, such RSVP or reservation shall not be confirmed by the Teacher until all fees, outstanding and due, are collected.
- I agree to receive all notices and communication related to classes and services contemplated herein at the email address I have provided.
- I agree to follow all applicable laws, including, but not limited to, CDC guidelines and local orders. I understand that, due to the pending health emergency regarding COVID-19, that there is a risk involved in taking classes or receiving services in person. I understand that attending any in-person event could increase my risk and my family’s’ risk of contracting COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my family and I may be exposed to or infected by COVID-19 by attending any class or event associated with this agreement and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that I am proceeding at my own risk and I understand that this waiver modifies and limits my rights to pursue a claim against the Teacher. I will not attend an in-person class or other service if I have knowingly come into contact with someone infected with COVID-19 within the past 14 days, if I am infected with COVID-19, if I have a fever, or if I exhibit any other symptom of COVID-19.
- This Liability Waiver and Service Agreement shall remain in force and valid until revoked in writing by me. If revoked, I will be required to complete a new Liability Waiver and Service Agreement before being allowed to enroll in another class, service, or activity. I expressly agree that this Liability Waiver and Service Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida, and if any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- In signing this Liability Waiver and Service Agreement, I acknowledge and represent that I have read the foregoing Liability Waiver and Service Agreement, fully understand its contents, voluntarily agree to the terms and conditions stated above, and sign it voluntarily, as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent, or am the legal Parent or Guardian for a participant under the age of eighteen (18); and I execute the Liability Waiver and Service Agreement for full, adequate, and complete consideration, fully intending to be bound by same.