STUDENT LIABILITY WAIVER My Yoga Place Palm Springs LLC
Student Release and Waiver of Liability (rev. 07.02.23)
I hereby agree to the following:
I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) conducted or organized by or through My Yoga Place Palm Springs LLC, (the “Studio).
I recognize that I must be in adequate physical and mental health to participate in the Activities.
I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate and I have no medical condition which would prevent my full participation in the Activities.
I recognize that the Activities may cause or aggravate a physical injury or medical condition.
I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice.
I understand that the Studio reserves the right in its absolute discretion to refuse my participation in any Activity on medical, fitness or any other grounds.
I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke, and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck, and other injuries as a result of my participation in the Activities.
I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
I understand that Covid-19, including variations and mutations, is a highly communicable virus that can cause severe respiratory distress, illness, or death in individuals who contract it.
I will not attend any in-person Activities conducted or organized by the Studio if I am exhibiting symptoms of Covid-19, including fever, cough, shortness of breath, difficulty breathing, chills, muscle pain, headache, sore throat, or loss of taste or smell. I will not attend any in-person Activities conducted or organized by the Studio if I have been exposed to a family member or third party who has exhibited Covid-19 symptoms within 14 days prior to my participation in the Activities.
I understand and expressly agree that my participation in any in-person Activities conducted or organized by or through the Studio involves the risk I could contract Covid-19. I understand that these risks are inherent to my participation in such Activities and can range from mild symptoms to major illness or death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting Covid-19.
III. RISKS AND RESPONSIBILITIES
In consideration of being permitted to participate in the Activities, I agree to assume full responsibilities for any risks, injuries, illness or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Studio.
In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined in section V. below) I may have against the Studio, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors, staff, volunteers, or employees (each, a “Released Party”) that I may sustain as a result of participating in the Activities, even if the Claim arises from the carelessness or negligence of any Released Party or anyone else.
IV. VIDEO AND AUDIO RECORDING
I hereby understand that the Studio from time to time may photograph, video, or otherwise record classes or events, during and in connection with the Activities (each and together “Materials”) conducted or organized by or through the Studio.
I agree that My Yoga Place Palm Springs, LLC shall be the sole and exclusive owner of rights and copyrights in and to the Materials, and that My Yoga Place Palm Springs, LLC and its assigns shall have the irrevocable right to use, distribute, advertise, exhibit and otherwise exploit the Materials bearing my name and likeness in any manner and in any media, whether now known or hereafter devised, throughout the universe, in perpetuity, in whole or in part.
My Yoga Place Palm Springs, LLC, in its sole discretion, shall determine use of the Materials, without any additional payment or compensation to me, including, without limitation, in advertising, marketing, promotions and merchandising over the internet.
I agree that My Yoga Place Palm Springs, LLC, shall have no obligation to use the Materials and the rights granted above include, without limitation, the right to alter, edit, and /or distort any or all of the Materials in any manner and that I waive any moral rights I may have in such Materials. Further, I waive any rights to privacy, publicity and defamation, whether granted by statute or common law, that I may have in connection with such Materials and agree that in no event shall I be permitted to prevent the broadcast, exhibition, distribution or other exploitation of the Materials.
“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in 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 negligence of any Released Party or anyone else.
I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
I understand that this document is a legally binding contract that supersedes any and all other agreements, warranties or representations involving my participation in any Activities conducted or organized by or through the Studio.
This agreement shall be construed to provide a comprehensive release of liability and indemnity agreement in favor of the Released parties to the greatest extent permitted by law, but is not intended to assert claims or defenses that are prohibited by law, and any invalid provision shall be modified or partially enforced to carry out the stated intent of this agreement to the maximum extent permitted by law.
This Release shall be construed in accordance with, and governed by, the laws of the State of California and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Palm Springs, Riverside County, California. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.
By signing below, I acknowledge that I have carefully read this Release and Waiver of Liability and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.