Waiver and Release of Liability
I understand that yoga includes physical movements as well as an opportunity for relaxation, stress reduction, and relief of muscular tension. As with any physical activity, the risk of injury is always present and cannot be entirely eliminated.
If I experience pain or discomfort, I will listen to my body and adjust or discontinue the posture as needed. I will continue to breathe smoothly.
I assume full responsibility for any and all damages which may incur through participation. I understand that yoga is not a substitute for medical attention, examination, diagnosis, or treatment. It is my responsibility to consult with a physician prior to and regarding my participation in yoga classes, especially if I am pregnant, postnatal, or have any physical injuries or health concerns.
Pregnancy and Injury Acknowledgement
I affirm that I have disclosed to the instructor any known injuries or conditions (including pregnancy or postnatal recovery). I understand that yoga during pregnancy or injury should be practiced with caution and may require modifications. It is my responsibility to ensure my safety and the safety of my baby if pregnant.
I affirm that I alone am responsible to decide whether to practice yoga, and I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Amber Ellis, doing business as OMber Yoga, and the class venue (Castle and Crown), including its owners, employees, and instructors.
I agree to indemnify and hold harmless the Released Parties from any and all liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to my participation in activities at Castle and Crown, whether caused by the negligence of the Released Parties or otherwise.
I additionally agree to indemnify the independent owner of Castle and Crown, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees, and sponsoring agencies for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation at Castle and Crown.
I, for myself enter this facility at Castle and Crown, free of any known airborne illness, fevers, flus, COVID, or contagious illnesses.
I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
I acknowledge and understand that there are known and unknown risks associated with participation in Castle and Crown activities, use of the facility, the use of the play area and equipment, and interaction with other customers and employees including but not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death, transmission of bacteria, viruses, germs, COVID, and diseases.
I, for myself willingly assume all risks associated with participation and accept that there are also risks that may arise due to other participants which I also willingly assume.
Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.