Terms and Conditions * XenYoga, LLC Studio Release and Waiver Of Liability
I hereby agree to the following:
1. I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by XenYoga, LLC (the “Studio”). The Activities may be offered in the physical location of the Studio or offered online by videos, television, podcasts, apps or other digital media or platforms. All such offerings, either physical or online, shall be considered “Activities.”
2. 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 in the Activities and I have no medical condition which would prevent my full participation in the Activities. 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 to refuse my participation in any Activity on medical, fitness or any other grounds. If I have any of the Risk Factors (as defined below) for increased risk of coronavirus infection (“COVID-19), I will consult with a physician before I participate in any Activities at the physical location of the Studio and will follow the physician’s advice.
3. 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 am aware that my participation in the Activities at the physical location of the Studio could result in exposure to COVID-19. I am aware that, if I am over the age of 65 or have an underlying medical problem (such as asthma, chronic kidney or lung disease, diabetes, hemoglobin disorders, immunocompromised or with significant liver disease, heart conditions, obesity or pregnancy) (collectively, “Risk Factors”), I have an increased risk of contracting serious medical issues or potential death if I am exposed to COVID-19.
4. The opinions, services and instruction being offered to me by the Studio are NOT considered medical advice, consultation, therapy or treatment, nor does it include any other medical, mental, physical or spiritual diagnosis. I understand that the educational services and instruction provided by the instructors are not intended to be in place of or in lieu of any medical advice or treatment that I may require for any cause whatsoever, now or in the future. No representations or statements have been made to me in regards to the services or instruction that may be provided and NO GUARANTEE has been made to me in regards to expected results or a cure of any kind or for any medical condition, nor are any of the instructors considered or trained as such therapists.
5. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, including exposure to COVID-19 and potentially serious medical issues or death, that I might incur as a result of participating in the Activities at the Studio, including those which may result from the negligence of the Studio.
6. In further consideration of being permitted to participate in the Activities (either online or at the physical facilities), I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Studio, its 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 (either online or at the physical facilities) at the Studio even if the Claim arises from the negligence of any Released Party or anyone else. 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. “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, illness 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 (either online or at the physical facilities) or exposure to COVID-19 as a result of participating in any Activity.
7. 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.
8. I hereby understand that the Studio from time to time may photograph, video, or otherwise record classes or events occurring at the Studio and place such photographs and videos on its Website or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.
9. This agreement shall be construed in accordance with, and governed by, the laws of the State of Texas and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Austin, Texas, USA. 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. I acknowledge that I have carefully read this agreement and fully understand its contents. I am aware that by registering/signing up, paying for, and/or attending this class, I voluntarily and knowingly agree to the terms and conditions stated herein and 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.