You should consult your physician prior to participation in Yoga and Wellness Activities if you are pregnant or have a pre-existing condition or injury, including but not limited to: heart or respiratory distress; back, neck and/or muscle pain; or joint issues; mental health diagnosis or issues.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY OF AGREEMENT.
(HEREINAFTER REFERRED TO AS THE “RELEASE AGREEMENT”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP ON CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.
TO: Pamela Moskie and their respective directors, officers, employees, agents, representatives, affiliates, independent contractors, subcontractors, sponsors, successors and assigns, executors and heirs (all of whom are hereinafter referred to as “the RELEASEES”)
DEFINITION: In this Release Agreement, the term “Yoga and Wellness Activities” means: all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: stretching, strengthening, and deep relaxation, breathwork, meditation, guided visualization; moving your body in various ways and directions; moving your body into uncomfortable positions; holding any yoga or fitness position for long periods of time; any and all other activities lead by the Releasees in-person at the yoga studio or in a public space, or lead through video technology or other electronic means; orientation and instructional courses and workshops; the use of any equipment; and other such activities, events and services connected with or related to the Yoga and Wellness Activities.
REQUIRED EQUIPMENT: I will use a yoga mat, yoga block and any other equipment recommended by the Releasees when needed, while participating in the Yoga and Fitness Activities. I shall satisfy myself of any and all questions or concerns that I may have before commencing the Yoga and Wellness Activities.
ASSUMPTION OF RISKS: I am aware that participating in Yoga and Wellness Activities is physically strenuous and involve many risks, dangers and hazards that could result in: personal injury, including sickness, illness, virus or disease infection, psychological injury; headaches; pulled and/or strained muscles or any other body parts; heat exhaustion or other related heat injuries; death and/or property loss or damage, including any and all loss or damage to personal items. The risks, dangers and hazards include but are not limited to: using any objects or equipment in connection with the Yoga and Fitness Activities; slip and/or falls while at the Yoga Studio, in person or online; failing to use the safety equipment as instructed by the Releasees; getting into or out of a yoga position incorrectly; falling into or out of a yoga position; failing to take care in preparing for the Yoga and Fitness Activities; and any and all NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN YOGA AND WELLNESS ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE YOGA AND FITNESS ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUM ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
ALCOHOL/DRUG USE: I acknowledge that the use and/or consumption of alcohol and/or any drug (the “Substances”) or being under the influence of any Substances is prohibited while participating in Yoga and Wellness Activities and while at the Facilities and Services. If I use, consume or am under the influence of any Substances prior to or while participating in Yoga and Fitness Activities or while at the Facilities and Services, even in the event of negligence or fault by the Releasees or other third persons, I assume and accept all risks, dangers and hazards and the possibility of personal injury, death property damage and loss resulting therefrom and will indemnify the Releasees from any and all liability for any damage to property or loss or personal injury to any third party, resulting from my presence at the Facilities and Services and/or participation in Yoga and Fitness Activities, while, during or after the consumption of any Substances.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the RELEASEES agreeing to my participation in Yoga and Wellness Activities and permitting my use of their services, equipment and other facilities (referred to as the “Facilities and Services”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby covenant and agree as follows (initial each provision):
I confirm that I have consulted with a physician and I am physically fit with no medical condition(s) that would prevent my full and safe participation in Yoga and Wellness Activities and to the best of my knowledge, I am healthy, without infection of any disease, contagious virus or otherwise that may put at risk myself, the Releasees or any other participant in Yoga and Wellness Activities either directly or indirectly;
I confirm that I will forthwith update the Releasees as to any and all changes in my medical condition(s), physical well being and/or abilities;
I confirm that I will not engage in any inappropriate conduct that could result in injury to myself or others;
I confirm that I WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or personal injury or infection, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Yoga and Wellenss Activities or my use of the Facilities and Services, due to any cause whatsoever, including negligence, consumption of alcohol or drugs, infection, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act and any other applicable legislation on the part of the Releasees, and further including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the many risks, dangers and hazards of participating in Yoga and Fitness Activities and my use of the Facilities and Services;
I confirm that I HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property, loss or personal injury to any third party resulting from my participation in Yoga and Wellness Activities online or use of the Facilities and Services;
I confirm that the Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity;
I confirm that this Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and
I confirm that any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the courts of Alberta.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Yoga and Wellenss Activities and the use of the Facilities and Services, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING CLICKING THE SUBMIT BUTTON ON THIS FORM, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
I hereby confirm that if I am under the age of 18, I will also fill out the paper version of this form and have had it signed by myself and my parent/guardian.