AGREEMENT
1. “Activity” includes, but is not limited to, group or private yoga classes, workshops, health programs, retreats, and training programs. In consideration of participating in the Activity, I agree and acknowledge that I am fully aware that participation in the Activity involves risks and I accept all the risks of participating, even if the risks are created by the carelessness, negligence, or gross negligence of a Released party (as defined below), or anyone else.
2. “Claims” include, but are not limited to, any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury, or death in connection with participation in the Activity. “Released Party” means Open Sol Space & Women's Fitness Clubs of Canada, its owners, instructors, workshop and retreat presenters, independent contractors, employees, volunteers, and representatives.
3. I agree and acknowledge that:
a. Yoga includes physical exercises as well as opportunities for stretching, strengthening, and deep relaxation. As is the case with any physical activity, I accept that the risk of injury (even serious injury) is always present and cannot be
entirely eliminated.
b. I understand my physical limitations and am sufficiently self-aware that if I experience any pain or discomfort, I will listen to my body, modify, or come out of the posture in question, breathe calmly, and seek immediate assistance from the instructor.
c. I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
d. Yoga is not a substitute for medical attention and it is not intended to examine, diagnose, or treat any condition. Yoga is not recommended and is not safe for those with certain medical conditions.
e. It is my responsibility to consult a physician prior to and regarding my participation in the Activity.
f. I am competent to decide whether or not to participate in group or private yoga classes and I will make an informed choice before doing so. I represent and warrant that I am physically fit and I have no medical condition(s) that would prevent my full participation in group or private yoga classes, workshops, health programs, retreats, and training programs offered by any Released Party.
4. I will update any Released Party regarding any changes in my medical condition.
5. I accept full responsibility for any product or technology loaned to me as part of participating in this Activity and commit to return the items in good working order.
6. I hereby, for myself and for my heirs, next of kin, executors, administrators, and assigns, fully release, waive, and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence, or gross negligence of a Released Party, or anyone else. Without limiting the foregoing, I further release any recourse which I may now or hereafter have resulting from any decision of any released Party.
7. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence, or gross negligence of a Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party for any loss of liability (including any reasonable legal fees that may incur) 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 carelessness or negligence of any Released Party of anyone else.
8. I agree that any Released Party is in no way responsible for the safekeeping of my personal belongings while I attend class.
9. I will not engage in any inappropriate conduct that could result in injury to myself or others.
10. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that:
a. There may be no aid stations available for the Activity.
b. If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
11. I agree that this agreement shall be governed by the laws of Ontario and if any conflict arises between me and any Released Party, I will attempt mediation before submitting my dispute to binding arbitration.
12. I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings, and other references or records of the Activity which may depict, record, or refer to
me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors, and their licensees. This permission is for use anywhere in the world and on the internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect, or approve the promotional or marketing material, messages, and/or content that may use my Likeness.
13. No warranties or representations have been made to me about the Activity which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability,
agreement not to sue, and indemnity.
14. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, administrators, and assigns may have against the Released Party.
16. I hereby certify that I am 18 years or older and that if I am under 18 years of age, my parent/legal guardian is present, has read, fully understands, and voluntarily agrees to the terms and conditions stated above and agrees to my full participation in the Activity offered by any Released Party.