Next Steps Yoga Waiver and Release

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I understand that yoga classes may consist of all or some of the following components: cardiovascular conditioning, strength training, core conditioning, postural/corrective exercise, balance/agility training and static/dynamic stretching. I understand that a regular exercise program has been shown to have definite benefits to general health and wellbeing. However, I also realize this physical activity may cause or aggravate a physical injury or medical condition.

Description of Potential Risks

I understand that no exercise program is without inherent risks regardless of the care taken by Next Steps Yoga, LLC, its parents or affiliates and any of their owners, employees or contractors (collectively “Next Steps”) and that my personal safety cannot be guaranteed. I realize that when participating in any exercises there is a chance of injury (e.g., heart attack, stroke, other cardiovascular accidents, paralysis) or death.  There may also be other risks, including exposure to infectious disease, and other risks not known or reasonably foreseen at this time. I am fully aware of and assume the risks and hazards incident to such participation and the associated damages or loss which I may sustain. Further, there may be inherent risks associated with participation of classes via the Internet and I understand that I am participating at my own risk. I am voluntarily participating in the Yoga Classes.

Participant Acknowledgments

As valid consideration for: (i) participation in the Yoga Classes and activities offered; and (ii) use of the equipment and other services offered (collectively, the “Yoga Classes”), I agree as follows:    

  1. I acknowledge that my participation is completely voluntary and I understand the potential physical risks.

  2. I understand that certain physical touching may be necessary to ensure proper technique and body alignment and acknowledge that it is my responsibility to let my instructor know if I prefer not to be touched or adjusted.

  3. I understand that the achievement of health or fitness goals cannot be guaranteed.

  4. I have asked questions regarding any concerns I have and have had those questions answered to my satisfaction.

  5. I am in good physical condition and have no impairment which might prevent my participation in the Yoga Classes. I understand that it is my responsibility to consult with a physician prior to engaging in physical activity or participating in any Yoga Classes, and to receive prior approval. I have not been advised by a health care professional to refrain from participating in strenuous activities. I understand that I am responsible for determining whether I am physically and medically able to participate or whether I should discontinue my participation in any physical activity at any time. I understand that Next Steps assumes no duty to me to ensure my physical or medical ability to participate in any physical activity, whether before, during or after such activity.  I agree not to participate unless I am medically able and have been cleared for exercise by my healthcare provider. I acknowledge that if I am pregnant or may be pregnant, it is my responsibility to consult my physician prior to participating in any Yoga Classes.

  6. I understand that I should cease exercise immediately if I experience unusual discomfort and/or feel the need to stop for any reason.

  7. I agree that I will not utilize any equipment provided in connection with the Yoga Classes unless and until I have inquired about and understand the proper use and I will utilize such equipment in strict accordance with instructions.

  8. In the event of any emergency, I authorize Next Steps to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for the payment of any and all medical services rendered.

  9. I understand, acknowledge and agree that any instructor may be assigned to a Yoga Class.

  10. I understand that I will be charged in full for each Yoga Class I attend even if I do not attend the entire class.

  11. By providing my e-mail address I understand that Next Steps may send me electronic communications for informational, marketing or promotional purposes.

 

I, for myself and on behalf of my heirs, executors and administrators, release and discharge Next Steps Yoga, LLC, its parents and affiliates (including all of their past, present and future directors, principals, owners, subsidiaries, divisions, affiliates, agents, officers, employees and contractors) collectively (the “Released Parties”), of and from any and all liabilities, claims, demands and causes of actions (including reasonable attorney’s fees and costs) based upon personal injuries or illness (including death and exposure to infectious disease), damages or loss to myself and others, as well as property damage  arising out of or relating to (1) my participation, whether passively or actively in any Yoga Classes, including but not limited to my use of any equipment or services or my use of any Internet platform to attend classes virtually; (2) my presence on the premises where the Yoga Classes are held; and (3) my transportation to any location where any Yoga Classes are held, and I agree not to bring any suits, claims, causes of action, demands or legal actions against the Released Parties.  The release contained herein will be construed to apply to the greatest extent permitted by law and, if permitted by law, will apply even if any such injury or damage is caused in whole or in part by the Released Parties’ own negligence or the negligence or willful conduct of any other individual who is participating in any Yoga Classes with me.

I, for myself and on behalf of my heirs, executors and administrators, agree to indemnify and hold harmless the Released Parties, against all actions, claims, demands, judgments, executions, debts, costs of litigation and attorney fees of every kind and nature whatsoever, which may in any way arise out of or result from my acts or omissions in connection with any Yoga Classes.  The indemnity contained in this paragraph will apply even if any such injury or damage is caused, in part, by the Released Parties’ own negligence.

In the event any provision of this Waiver and Release is found to be legally invalid or unenforceable for any reason, all provisions are severable and the remaining provisions will remain in full force and effect.  In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid or unenforceable as written, such court(s) may exercise its discretion in reforming such provision(s) to the extent necessary to make it reasonable and enforceable.

I understand that IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL EXEMPLERY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE YOGA CLASSES (HOWEVER ARISING, INCLUDING NEGLIGENCE). The laws of certain states or other jurisdiction may not allow exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply and I may have rights in addition to those contained herein.

The terms of this Waiver and Release shall be governed by the laws of the State where I participate in the Yoga Classes. I hereby irrevocably agree that the forum for any such suit will lie with a court of competent jurisdiction in the State and County where the injury occurs, and hereby agree to the personal jurisdiction and venue of such court. I HEREBY WAIVE, TO THE FULLEST EXTENT PERMITED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY RELATED TO MY PARTICIPATION IN THE YOGA CLASSES OR RELATED TO THIS WAIVER AND RELEASE.

 

This Waiver and Release replaces all earlier versions and constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding.  This Waiver and Release may only be modified in writing by the parties.  

 I agree that this Waiver and Release may be assigned or transferred to, and will be binding upon and will inure to the benefit of, any successor of Next Steps Yoga LLC or its parents or affiliates.

 

I have read and understand the above agreement and I am freely signing this agreement.  I understand that this agreement restricts my right to a trial by jury. I understand that I have the right to have an attorney of my choosing review and advise me as to the terms and conditions.                                                   

  

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