Hot Yoga Pasadena Waiver
HOT YOGA PASADENA WAIVER AGREEMENT
Why You’re Reading This Document . Before you begin your first class, whether it is online or in person, we need you to clearly understand the risks of participating in our yoga, pilates, stretching and fitness classes. The purpose of this release and waiver (the “Waiver”) is to communicate the risks of practice in an open and honest and have you release Lilygrace, Inc, (dba Hot Yoga Pasadena) of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not let you participate in our studio classes. PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
- Parties. We will refer to, Lilygrace, Inc, a Corporation registered in the State of California as “Hot Yoga Pasadena”, “us” or “we” and we’ll refer to you, the undersigned, the electronically signed or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
- The Activities. You will be participating in yoga and exercise classes at Hot Yoga Pasadena. We offer accessible and an inspiring variety of yoga and Pilates, fitness, and complementary classes, which may involve but are not limited to the following activities (the “Activities”): 2.1 Flexibility training in the form of yoga positions, body weight exercises, light-weight exercises, strength exercises, mobility, range of motion exercises, partner yoga, pranayama, meditation exercises, and relaxation exercises. The constant in all of these classes is that the activities involve stretching, body weight exercises, light-weight exercises, full range of motion, strength and performing yoga poses. Some of the classes may take place in a heated room (The range of heat for hot classes is between 90degrees F/32 degrees C and 105degreeF/41degreesC)The Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments. 2.2 The Activities apply to any classes which are made available for online streaming and participation. As these yoga classes will be taking place outside of Hot Yoga Pasadena’s facilities, we need you to acknowledge that you are responsible for the safe facilitation of the Activities.
- Equipment. In the course of the Activities, you will use a variety of equipment (the “Equipment”) which may include but is not limited to: weights, yoga blocks, straps, resistance bands, sliders, bolsters, balls and towels. Please do not use any equipment not instructed by Hot Yoga Pasadena.
- Inherent Risk. You understand that participating in the Activities poses inherent risks, some of which are more obvious than others. These risks 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. Injuries include but are not limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, exhaustion, dizziness and fainting. 4.1. You will practice any class at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will rest and communicate with the instructor as soon as possible. 4.2 Participating in the Activities via online streaming means that there will be no in-person supervision while you perform the Activities, which presents increased risks. You acknowledge these risks and agree to participate in the Activities to the extent that it is safe and reasonable for you to do so, at your own discretion. This includes finding a safe space to participate in the Activities, not pushing yourself too far while undertaking the Activities and not trying to complete the Activities if you are unsure about how to best practice them.4.3 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space or Equipment. There are additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
- Affirmation of Health. By participating in any Activities at Hot Yoga Pasadena, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in advanced level yoga, including yoga in heated conditions.5.1 COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to practice the Activities, please consult with your doctor and we urge you not to visit our studio or participate in our Activities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.
- Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Hot Yoga Pasadena. Your signature below and your participation in the classes at Hot Yoga Pasadena illustrate your voluntary participation and assumption of the risks of the Activities.
- Release, Waiver and Indemnity. You hereby release Hot Yoga Pasadena, Lilygrace, Inc, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Hot Yoga Pasadena’s negligence, during your participation in the Activities at Hot Yoga Pasadena. 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.
- Media Release. We think you’re gorgeous and would love to show you off! By being a student at our studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know if you ever want us to stop using an image of you.
- General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect.
Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
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.
Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, 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. By signing below, you agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.