The purpose of this release and waiver (the "Waiver") is to inform you of the activities (outlined in Section 2, "Activities") you may be participating in at Nectar Yoga Ltd. ("Nectar"), what the risks of those activities are, for you to acknowledge you are healthy enough to participate in the activities, and for you to have the full knowledge and understanding of the risks associated in the participation in the activities, ultimately releasing Nectar from any and all liability.
Please be aware that reading, understanding, and signing this waiver is required for all day and overnight guests of Nectar before they can proceed with any activity on Nectar Yoga grounds.
Please read carefully, understand fully, and ask questions if anything is unclear. We are here to support you and ensure your safety. It is important that you understand this waiver as you will be signing away legal rights and agree to be bound by all the terms of this agreement.
Parties. We will refer to Nectar Yoga Ltd. as "Nectar", "us", or "we" and we'll refer to you as "you", or "your".
The Activities. Activities on Nectar may include, but do not guarantee access to yoga classes, meditation classes, breathwork classes, hiking
on our trails, and/or use of our hot tub.
2.1 Yoga, Meditation, Breathwork, and similar Classes: This may include, but is not necessarily limited to: flexibility training in the form of yoga positions, body weight exercises, strength exercises, mobility, range of motion exercises, acrobatics, Thai massage, therapeutic flying, partner yoga, breathing, pranayama, meditation exercises, and relaxation exercises. The consistent element in all of these movements is that the activities involve stretching and performing yoga poses and some may involve receiving adjustments from the instructor.
2.2 Hiking on Nectar's marked trails: This may include walking on marked trails (when open) on Nectar's property, and pausing to view the
2.3 Hot Tub Use: This may include the use of our hot tub and spending time in the structure that houses the hot tub.
Inherent Risks. You understand that participating in the Activities have inherent risks, some of which are more obvious than others. The risks listed below can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. By signing this waiver, should your stay involve the potential of participating in any of these Activities listed, you are voluntarily participating, and the decision to participate is entirely at your
3.1 Relating to Yoga: Risks of injuries include, but are not limited to: muscle tears, muscle strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dizziness, and fainting. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will respect your body and take rest. You must always be in communication with your instructor if anything feels or seems off in your body or mind.
3.2 Relating to hiking on Nectar's marked trails: It is imperative to stay on the marked Nectar trails, and only when the trails are open. Risks of injuries include, but not limited to:
a. Falling, causing broken bones, severe injuries to the head, neck and back which may result in severe impairment or even death.
b. All "acts of nature," including but not limited to heavy rainfall, avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, and other weather conditions.
c. Temperature (cold and heat) related injuries and illness including but not limited to hypothermia, frostnip, frostbite, heat exhaustion, heat stroke, sunburn, and dehydration.
d. Fatigue and/or dizziness, which may diminish your reaction time, physical coordination, or increase the risk of accident.
e. Your own negligence and/or the negligence of others, including Nectar personnel. f. Attack by or encounter with insects, reptiles, and/or animals.
3.3 Relating to Hot Tub Usage: You are aware of the associated hot tub risks which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or in rare and extreme circumstances, may result in death. You understand that these injuries or outcomes may arise from your own or others' negligence, or from the conditions at the Activity location. Nonetheless, you assume all related risks, both known and unknown to yourself, of your participation in this activity. Some of the known risks and precautions are further noted below:
a. Pregnant folks, children and those with heart disease are not permitted in this hot tub.
b. If you are taking medication of any kind or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of the hot tub.
c. It is advised to limit your soak in the hot tub to no more than 30 minutes at a time. If you overheat and faint, drowning can be a possibility.
d. Do not use the hot tub if the water temperature is more than 40 degrees Celsius / 104 degrees Fahrenheit.
e. Do not drink alcohol or use drugs before or during hot tub use, as it further increases health and safety risks.
f. Slipping and falling on any of the wet portions near the hot tub may also cause injury, death, or other risks.
g. Do not use the hot tub if you have any open sores or wounds, cuts, infections, or diarrhea, to ensure your safety and the safety of others.
Affirmation of Health. Before participating in any Activities at Nectar, you swear that you have sought medical clearance regarding your fitness to practice yoga, hike on our trails, and/or use the hot tub. Any such medical clearance must be that you are fit to participate in the Activities safely. If you have not sought such clearance, you must be certain that your medical and fitness levels are sufficient to participate in the Activities. At any point, if you do not feel well during a yoga class, use of hot tub, or any other activities listed in Section 2, we insist you rest and communicate any problems to Nectar staff, our instructors, or other affiliates.
Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Nectar. Your signature below, and your participation in the Activities at Nectar, illustrates your voluntary participation, awareness of the risks, and the assumption of the risks of doing SO.
Release, Waiver and Indemnity. You hereby release Nectar, its directors, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the "Released Parties") from any liability and damages arising from personal injuries or death, however caused, including out of negligence, during your participation in the Activities at Nectar. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including, but not limited to, any form of damages as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
General Legal Provisions.
7.1 Jurisdiction. This Waiver will be governed exclusively by the laws
of the Province of British Columbia.
7.2 Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force
7.2 Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
7.3 Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
7.4 Online Agreement. We agree that this Agreement may be signed electronically, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
WAIVER AGREEMENT By clicking "I agree" below and typing your name, you are confirming that all of the above information is truthful and agreed upon.(required)