By signing this waiver, I acknowledge that I understand and agree with the following:
1. I am voluntarily participating in online Yin Yoga Classes offered by David J. Wolken, Ph.D., (hereafter "Dr. Wolken") and Living Heart Intelligence, Ltd. (hereafter "LHI"). I will participate in these classes remotely, from a location of my choice, which I have determined to be safe and supportive of a Yin Yoga experience. Given that my participation is remote, I understand that I am responsible for the safety and use of any props (such as blankets, pillows, yoga blocks, bolsters, straps, etc.) I may decide to include in the Yin Yoga Class.
2. I acknowledge that I must be in adequate physical and mental health to participate in Yin Yoga classes. I understand that as a physical activity, Yin Yoga involves risk of physical injury such as musculoskeletal injury; elevated heart rate and blood pressure; heart attack; stroke; fainting; and hyperventilation. I also recognize that Yin Yoga may exacerbate any pre-existing medical or psychological conditions or illnesses I may have, including unpleasant or traumatic memories, uncomfortable sensations, difficult emotions, or other forms of psychological disruption. I acknowledge that it is my responsibility to consult with a qualified health professional to determine my ability to safely participate in Yin Yoga, and that I have secured such recommendation by a medical doctor, physical therapist, or other qualified health professional.
3. In consideration of being permitted to participate in Yin Yoga, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in Yin Yoga offered by Dr. Wolken and LHI, including those which may result from the negligence of Dr. Wolken and LHI.
4. In further consideration of being permitted to participate in Yin Yoga, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against Dr. Wolken and LHI, (each, a “Released Party”) that I may sustain as a result of participating in Yin Yoga classes offered by Dr. Wolken and LHI, even if the Claim arises from the negligence of any Released Party or anyone else.
I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on
my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
“Claim” includes but is not limited to any and all liabilities, claims, demands, ex-
penses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in Yin Yoga classes.
5. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
6. In the event that any dispute arises out of this agreement, and in the event that the dispute could not be resolved amicably, I agree that the dispute shall be resolved by mediation before a mutually agreed and selected mediator by both parties. In the event that a mediation proceeding fails to resolve the dispute, the matter shall be resolved with an arbitrator.
By signing this form, I hereby represent and warrant that I am physically fit and capable to participate in online Yin Yoga classes. I agree and legally bind myself, with full understanding to the contents and meaning of the provisions above. I declare that I am over 18 years of age and fully capable in giving my consent.