Release and Waiver of Liabilitylotusyogaadmin2020-09-30T13:27:43+00:00
Release and Waiver of Liability
I am participating in yoga classes, workshops and/or other wellness, stretching, exercise, meditation and holistic healing arts activities (collectively, the “Activities”) offered by Lotus River Yoga & Wellness, LLC, Nancy Burford or substitute instructors (individually or collectively referred to as “Teacher”). The Activities may be offered at your home, office, or any other physical location of the Teacher or offered online by videos, television, podcasts, apps, or other digital media platforms. All of such offerings, either physical or online, shall be considered “Activities.”
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 Activities. I also understand that Teacher is NOT medically trained and offers no medical advice.
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 preexisting 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 preexisting injury.By this waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, Covid-19 infection, death or damage to personal property associated with Teacher, including but not limited to receiving instruction or participating Activities using Teacher’s studio or home, and yoga mats, blocks, or other yoga props in any manner, form or fashion, and practicing and/or engaging in yoga activities or other related activities on and off Teacher’s premises.
In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Teacher, their heirs, assigns, spouses, owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff ( each, a “Released Party”) that I may sustain as a result of participating in the Activities offered by the Teacher even if the claim arises from the sole negligence of any Released Party. Submitting this form is proof of my intention to execute a complete and unconditional waiver and release of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this waiver.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, against Teacher even if the Claim is alleged to or did result from the sole negligence of any Released Party.“Claim” includes, but is not limited to, any and all liabilities, claims, demands, expenses, fees, legal action, 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, my heirs, assigns 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, even if the act was caused by the sole negligence of such Released Party.
COVID-19 WAIVER. By submitting the form on this page, I am also agreeing to follow our social distancing and safety protocols.Although measures are being taken by Teacher to prevent the spread of Covid-19 (such as social distancing, limited size classes, and deep sanitation, etc.), the undersigned acknowledges that attending in person sessions or classes offered by Teacher could result in Covid-19 infection. Accordingly, in addition to all waivers and limits on liability already agreed to by the parties and because of the Covid-19 pandemic, the undersigned HEREBY WAIVES AND RELEASES, indemnifies, holds harmless and forever discharges Teacher and its members, agents, employees, officers, directors, contractors, affiliates, successors and assigns, of and from any and all claims, demands, debts, prosecutions, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from Covid-19 infection that is in any way related to participation in any events or activities conducted by or on the premises of Teacher. I also agree to notify Teacher immediately if I have Covid-19 symptoms, if I am exposed to someone known to have Covid, or I am diagnosed with Covid.
I Hereby understand that the Teacher from time to time may photograph, video, or otherwise record classes or events offered by the Teacher and place such photographs and videos on its Website or social media platform. I herby consent to the use of my image that may appear in any such photograph or video.
This agreement shall be construed in accordance with, and governed by, the laws of the State of Texas, and all actions, suits, claims and proceedings relating to this agreement shall be brought solely in a court of competent jurisdiction located in Harris County, Texas. 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.
Prior to filing a lawsuit, I agree to formally mediate any dispute with or Claim that I have against Teacher or any Released Party at least thirty days before filing the suit.
By submitting the form on this page, I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions herein.
By submitting this form, you are voluntarily and knowingly agreeing to the terms and conditions herein.