In checking the box below I agree that is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that all packages and products are non-refundable and non-transferrable.
TO: Yoga 360 Inc. doing business as "Yoga 360" (the “Operator”), all individuals or entities who provide or make available facilities, premises, equipment, or services for the Operator or (the “Providers”), and the respective directors, officers, employees, agents, guides, partners, volunteers, independent contractors, representatives, successors and assigns of the Operator and the Providers (all of which, along with the Operator are the “Releasees”).
In this agreement, the term “Yoga Activities” includes all activities, events or services provided, arranged, organized, conducted, sponsored, or authorized by the Releasees and specifically includes without limitation participation in group yoga, pilates, and fitness classes, yoga retreats and excursions which may include travel to locations not situated on the Operator's premises, yoga teacher training, and all other activities, events, and services in any way connected with or related to Yoga Activities, whether taking place before, during, or following my participation in Yoga Activities.
ACKNOWLEDGMENT – SAFETY & PHYSICAL CONDITION I am aware that there are instructors available to answer any questions that I may have as to the proper use of the equipment and regarding known risks inherent in Yoga Activities. I am aware that the physical exertion required of Yoga Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with Yoga Activities. I further acknowledge that reckless behavior by me poses serious risk to others and that I will be held responsible for all damage or injury caused to property or persons as a result of my reckless conduct during Yoga Activities. I am aware and acknowledge that there is no obligation for any person to provide me with medical care during Yoga Activities and that there may be no nearby aid stations available for Yoga Activities. I acknowledge it is my sole responsibility to bring effective treatment for allergy attacks I may suffer during Yoga Activities.
ASSUMPTION OF RISKS I am aware that Yoga Activities may involve many risks, dangers, and hazards including but not limited to: loss of consciousness; slips and falls; shock, stress, or other injury to the body; heat stroke; allergic reaction; encounters with wildlife, insects and flora; equipment malfunctions; collisions with other participants or instructors; falling objects; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF Yoga Activities. I AM AWARE OF THE RISKS, DANGERS, HAZARDS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE AND LOSS, WHETHER TO MYSELF OR THAT I MAY CAUSE TO OTHERS.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in Yoga Activities and permitting my use of their property, venue, or equipment (the “Facilities”), and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, I HEREBY IRREVOCABLY AGREE AS FOLLOWS:
1. TO WAIVE 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 injury including death that I may suffer, or that my next of kin may suffer, resulting from either my use of or my presence on the Facilities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, NEGLIGENT MISREPRESENTATION OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE (INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337) ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF YOGA ACTIVITIES;
2. TO INDEMNIFY AND SAVE HARMLESS the Releasees from any and all liability for any damage to property or personal injury of any nature to any third party, resulting from my use of or presence on the Facilities and my participation in Yoga Activities;
3. If medical care is rendered to me as a result of injury, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered;
4. This agreement is effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
5. This agreement and any rights, duties, and obligations as between the parties to this agreement will be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
6. Any litigation involving the parties to this agreement must be brought within the Province of British Columbia and the parties attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia; I am not relying on any oral or written statements made by the Releasees with respect to the safety of Yoga Activities other than what is set forth in this agreement. I confirm that, before signing this agreement, I have read and understood it and am aware that by signing this agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns, and representative may have against the Releasees.