By electronically signing or otherwise electronically accepting and agreeing to this Release and Waiver of Liability (this “Release”), you expressly acknowledge that the use of the facilities, classes, livestream or videos of YW Company, LLC and its subsidiaries and affiliates (collectively, “YogaWorks”) may involve strength, flexibility, aerobic, cardio, and/or other exercises, including the use of equipment, as well as soft tissue manipulation or manual adjustments (which may include the instructor, assistant, trainee, or mentee, guiding your body to a pose or specific movement), all of which can be potentially hazardous activities that naturally involve the risk of injury to you, whether you or someone else cause it, and you understand and voluntarily accept this risk. In addition, you represent that you are (and at all times moving forward, when taking classes or receiving instruction by or through YogaWorks) in good health and have no disability, impairment, injury, disease or ailment that would prevent you from safely engaging in active or passive exercise or soft tissue manipulation or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise , and you further acknowledge and understand that it is your duty to notify your YogaWorks teacher in advance of each and every class of any changes in your good health standing. You acknowledge and agree that YogaWorks and its employees and agents do not diagnose or prescribe treatment for any illnesses or injuries. No service provided by YogaWorks is a substitute for medical treatment or care. Please inform your YogaWorks teacher in advance of each class if you prefer not to receive manual adjustments. Failure to do so will be deemed implied consent to receive manual adjustments in a class.
All sessions, classes, use of YogaWorks’ studio facilities (or entry/exit of such facilities), use of YogaWorks’ studio-provided equipment or apparatus (whether during a class or otherwise), or use of any other YogaWorks service, whether in person, through video or stream or otherwise, shall be at your sole risk. You understand that the decision to use any equipment or apparatus, or the selection of programs, methods and types of equipment, shall be solely your responsibility, and at no time may you use any equipment without supervision by a YogaWorks teacher. Although YogaWorks instructors may provide guidance during a class or individual session, it is your sole responsibility to discontinue participation in any activity you feel is beyond your capability to safely perform. You hereby acknowledge and agree that YogaWorks shall not be liable to you or any other party for any claims, demands, damages or causes of actions due to injury to you or any property, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn children or relatives, arising out of or in connection with your engagement in any activities provided by YogaWorks through video, streaming, or at any YogaWorks’ facility, the use of the services or facilities of YogaWorks, or any occurrence in or around a YogaWorks facility, regardless of whether the injury or damages were caused by the negligence of YogaWorks, its employees or its agents, trainees, assistants, or mentees, and you hereby release YogaWorks from any and all liability related thereto, including any transmission of sickness, virus, pathogen, or disease. This Release specifically applies to claims of negligent instruction, maintenance and/or supervision that may arise as a result of injuries sustained before, during, or after classes or individual training sessions. You acknowledge and agree that this Release applies to any and all incidents occurring on any YogaWorks owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause. You further acknowledge and agree that YogaWorks is not liable and does not assume responsibility for any claims, losses, damages, costs or expenses arising out of any inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any act or omission of YogaWorks or any other party. The scope of this Release specifically includes any and all injuries sustained in or about the premises of any YogaWorks facility and during any event or program organized or operated by YogaWorks away from its facilities, including, without limitation, parks, beaches, community centers and schools. Further, you understand and acknowledge that YogaWorks does not manufacture any of the fitness or other equipment at its facilities but purchases or leases equipment from third parties. As such, you acknowledge and agree that YogaWorks is solely providing recreational services and may not be held liable for defective products.
You expressly acknowledge and understand that you will be automatically opted into communications from YogaWorks with regard to the services provided, branding, marketing, or anything else and that it is your duty to opt out through the procedures outlined in such communications. You further expressly acknowledge and understand that your photo and/or video likeness may be used, without limitation, in connection with publicity, copyright, marketing, web content, social media, live stream, recorded classes, or other uses and that permission is expressly granted for such uses, and that no additional consideration outside of the services provided by YogaWorks will be provided.
You expressly acknowledge and agree that by signing below you are relinquishing all rights you may have to sue YogaWorks for injuries arising out of the use of any YogaWorks facilities or its services. In the event that a dispute does arise with respect to YogaWorks in any capacity, you expressly acknowledge and agree to submit to mandatory binding arbitration any and all such related claims, and thereby further waive any rights to trial by jury. Further you expressly acknowledge and agree to waive any rights that you may have to pursue or participate in a class or collective action pertaining to any such claims related to YogaWorks. This Release is intended to be interpreted as broadly as allowed under the law of the state where your primary YogaWorks facility is located.
By electronically signing or otherwise electronically accepting and agreeing to this Release you certify that you have carefully reviewed, fully understand and agree to the above.