Release of Liability and Assumption of Risk
Read Carefully - This Affects Your Legal Rights
In case of minors, legal guardian has to read and sign on behalf of minor.
GENERAL
I understand that Yoga (online or in person) as well as physical exercise and training, including the use of equipment (collectively here referred to as “Yoga”), is a potentially dangerous activity and involves the risk of serious injury, disability, death, and property damage. I acknowledge that these risks may result or be compounded by the actions, omissions, or negligence of my Yoga teacher (the “Teacher”) or others. I understand that although the Teacher will endeavor to reduce the risk of injury from Yoga, the Teacher cannot guarantee that I will not be injured. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN YOGA. I AGREE TO ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE TEACHER OR OTHERWISE.
In exchange for participation in the activity of Yoga (online or in person) organized by Novandra Yoga LLC, of 30 N Gould St, Ste N, Sheridan, Wyoming, 82801 and/or use of the property, facilities, and services of Novandra Yoga LLC, I agree for myself and (if applicable) for the members of my family, to the following:
1. Physical Health I confirm that I am in good physical health and do not suffer from any medical condition(s) that would limit or impair my ability to participate in Yoga (online or in person), offered by Novandra Yoga LLC. If at any time I believe that I am no longer in proper physical condition to participate in Yoga, online or in person, I will immediately discontinue further participation.
2. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings (written or oral), and further agree to follow any oral instructions or directions given by Novandra Yoga LLC online or in person, or the employees, representatives, or agents of Novandra Yoga LLC.
3. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members. I waive and release all claims, now known or hereafter known, against Novandra Yoga LLC on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to Yoga (online or in person), whether arising out of the ordinary negligence or fault of Novandra Yoga LLC or caused by the fault of myself, my family, or other third parties. I agree not to make or bring any such claim against Novandra Yoga LLC, and forever release and discharge Novandra Yoga LLC from liability under such claims.
4. Indemnification. I agree to indemnify and defend Novandra Yoga LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of services or presence upon the facilities of Novandra Yoga LLC.
5. Fees. I agree to pay for all damages to the facilities of Novandra Yoga LLC caused by any negligent, reckless, or willful actions by me or my family.
6. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Wyoming law.
7. No Duress. I have read the above release and waiver of liability and fully understand its content. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Novandra Yoga LLC has offered to refund any fees I have paid to use its services or facilities if I choose not to sign this agreement.
8. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
10. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I UNDERSTAND THAT BY ACCEPTING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.