Assumption of the Risk and Waiver of Liability Relating to COVID-19
Julie C. Yoga
I, the undersigned Participant, hereby agree to the following:
1. I am participating in a yoga class, workshop, series and/or other wellness, body work, exercise activities (collectively, the “Activities”) offered by Julie Compton and/or any individual staffed by Julie C. Yoga (together and/or separately referred to as “Teacher” or “Teachers”). The Activities may be offered in a physical location or offered online by videos or other digital media or platforms. All of 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 Yoga is not a substitute for medical attention, examination, diagnosis or treatment. I understand that it is my responsibility to consult with my health care practitioner regarding my participation in the Activities and having done so, I have taken the physician’s advice. I understand that the Activities may require 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 any Teacher reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
3. If enrolling in a Fertility Yoga class or series: I understand that while yoga can be beneficial in supporting fertility, there is no guarantee that I will become pregnant as a result of participating in the Activities. If I am pregnant or become pregnant, or if I am undergoing fertility treatments, I agree that I am participating in the Activities with my doctor or health care practitioner’s approval.
- 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, which I might incur as a result of participating in the Activities, including those which may result from the negligence of any Teacher. 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.
- 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 all Teachers (“Released Party” or “Released Parties”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else.
I agree to indemnify and hold harmless Released Parties 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.
“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, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence of any Released Party.
7. I hereby understand that the Teachers from time to time may photograph, video, or otherwise record Activities 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.
8. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in the Activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 while participating in the Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, volunteers, and other participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in the Activities. I hereby release, covenant not to sue, discharge, and hold harmless all Teachers, its agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of any Teacher, its agents, and representatives, whether a COVID-19 infection occurs before, during or after participating in the Activities.
9. This agreement 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 Sacramento. 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 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.