ANAHATA YOGA LLC WAIVER AGREEMENT
PLEASE READ THESE TERMS CAREFULLY
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing yoga together, either in person or online, and have you release Anahata Yoga LLC and Nicole Sidman of any liability. Please read and ask questions if anything is unclear. By signing this agreement, including digitally as defined below, you agree to be bound by all the terms of this agreement. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any activities.
If you are under the Age of Majority in New York (18 years old), your legal guardian must also sign this Waiver on your behalf. By signing, whether by hand or digitally, or clicking the button that completes an online transaction with Anahata Yoga LLC (“I Agree”), you affirm that you are at least 18 years old and legally able to enter into this agreement.
1. This agreement will refer to Anahata Yoga LLC, a corporation registered in the State of New York, and Nicole Sidman as “Anahata Yoga”, “us” or “we” or “our.” This agreement will refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your.”
2. You may participate in yoga and exercise classes, sessions, programs, workshops, self-practice and more with Anahata Yoga. These 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 of such offerings, either physical or online, shall be considered “Activities.” We offer various levels of yoga, all of which may involve but are not limited to the following (“Activities”):
2.1. Yoga and fitness classes including stretching and flexibility training in the form of yoga poses, body weight and strength exercises, breath work, meditation, and relaxation. You acknowledge that yoga requires physical exertion, which may be strenuous and may cause physical injury. You acknowledge that, during class, you may be physically adjusted by the instructor.
2.2. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Anahata Yoga’s facilities, including outdoors. You acknowledge that you are responsible for the safe facilitation of the Activities happening outside of our facilities.
2.3. The Activities performed at the studio as part of self-practice hours/sessions may also be unsupervised, and therefore you to acknowledge that you practice at your own risk.
3. In the course of the Activities, you may use a variety of equipment, which includes but is not limited to: blocks, bolsters, straps, mats, blankets, pillows, foam rollers, and massage balls (the “Equipment”). Please do not use any equipment not instructed by Anahata Yoga. You are responsible for your own equipment and must properly stow it away according to studio policy.
4. You understand that participating in the Activities poses inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.
4.1. Injuries include but are not limited to muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, and fainting.
4.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
4.3. Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery, and postpartum complications.
4.4. Additional risks are posed by participating in the Activities online, as there is no in-person supervision or space provided for you. You need to ensure the safety of performing the Activities using your judgment how to best practice them safely. Do not attempt any Activity about which you are unsure.
4.5. Additional risks are posed by Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that it is your responsibility to ensure a safe space/environment to perform the Activities.
5. By participating in any Activities with Anahata Yoga, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice yoga. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
6. Anahata Yoga is not a medical or healthcare facility. Its teachers, staff, and employees are not medical or healthcare professionals. Any information provided is in the realm of general advice and may not be applicable or appropriate to your specific situation. It should not be considered as, or as a substitute for, professional medical advice.
7. You have read this Waiver and understand the risks of participating in the Activities with Anahata Yoga. Your signature below, electronic signature, or clicking “I Agree,” and your participation in the Activities with Anahata Yoga illustrate your voluntary engagement and assumption of the risks of the Activities.
8. You hereby release, hold harmless, indemnify, and waive any claims against Anahata Yoga LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members, and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Anahata Yoga’s negligence, during your participation in the Activities with Anahata Yoga. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future.
9. You agree to the use of your image and likeness by Anahata Yoga. By participating in the Activities of Anahata Yoga, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises, or participating in the Activities, or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing, and sales throughout the universe and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know If you ever want us to stop using an image of you.
10. Agreement to this Waiver will act as your continued agreement to all ensuing Activities whether in person, online, via video conferencing tool, or in any other format.
11. You agree that we are not responsible for the loss or damage of any personal property you bring or leave with Anahata Yoga.
12. This Waiver will be governed exclusively by the laws of the State of New York. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree,” the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
As directed and indicated on all email receipts: with the purchase of any class, you’ve agreed that you have read this Waiver, you fully understand its contents, you voluntarily agree to be bound to all of its terms, and you are legally capable of entering into this agreement.