Liability & COVID-19 Waiver
I understand that yoga is a physical movement class, and as such, requires physical exertion and carries a risk of injury, even serious or disabling. I understand that it is my responsibility to consult with a physician or qualified/licensed health professional prior to participating in yoga to determine if yoga, including and not limited to gentle, mindful, vinyasa Yoga, is appropriate for me. If I am suffering from a chronic or acute condition, or am pregnant, I should receive specific guidance from a qualified/licensed health professional prior to starting or continuing to participate in yoga.
While engaging in any class or activity operated, organized, arranged or sponsored by Joyful Yoga NH LLC, either on or off their premises or via an online digital format, I shall do so at my own risk, comply with all Joyful Yoga NH's policies, and hold Joyful Yoga NH LLC forever harmless from any and all loss, claim, injury, sickness/illness, viruses, contagious diseases, damage, or liability sustained or incurred by me. I specifically agree to indemnify and hold harmless Joyful, Yoga NH, LLC as to any loss, cost, claim, injury, sickness, damage or liability, sustained or incurred by participating in the classes or programs, or through my use of the facilities or equipment of Joyful Yoga NH, LLC which is caused by an act or omission, whether negligent, intentional or otherwise. I, my heirs, or legal representative forever release waive, discharge and covenant not to sue Joyful Yoga NH, LLC for any injury, sickness, or death caused by my participation in the yoga class.
I agree that Joyful Yoga NH, LLC its owners, affiliates, instructors or employees are in no way responsible for the safekeeping of my personal belongings, including my vehicle that may be parked on the premises, while I participate in any class or activity operated, organized, arranged or sponsored by Joyful Yoga NH, LLC either on or off their premises.
I am aware that during yoga classes the instructor may physically touch or position my body to ensure proper form and alignment to specific yoga postures/exercises. I do consent to the physical contact between myself and the Instructor. (There is NO physical contact during any portion of COVID-19 as stated by the Department of Health, NH)
Advertising and Marketing Release Waiver: I knowingly and willingly agree to be photographed/video graphed while engaging in any class or activity operated, organized, arranged or sponsored by Joyful Yoga NH, LLC either on or off their premises. I authorize the use and disclosure of such photographs and video images and of my name and/or testimonial for advertising and marketing purposes for Joyful Yoga NH, LLC. Advertising and marketing materials may include, and are not limited to social media (including and not limited to Facebook, Instagram, YouTube, and Twitter), Joyful Yoga NH, LLC website, and printed materials.
I agree that this Waiver of Liability shall be governed by and construed in accordance with New Hampshire law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole.
COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
1. I agree that I am personally responsible for my safety and actions while participating in classes and programs with Joyful Yoga NH, LLC. I agree to comply with all Joyful Yoga NH, LLC policies and rules, guidelines, signage, and instructions. Because Joyful Yoga NH, LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Joyful Yoga NH, LLC its officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party attending classes or programs hosted by Joyful Yoga NH, LLC whether on or off the premises, or otherwise, while participating in any activity while in, on, or around the Joyful Yoga NH, LLC facilities or equipment.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my participation in classes and programs hosted by Joyful Yoga NH, LLC, or while participating in any activity while in, on, or around the Joyful Yoga NH, LLC facilities or equipment, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in classes and programs and the use of the facilities or equipment of Joyful Yoga NH, LLC to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made;
4. I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with New Hampshire law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.
My signature constitutes my full acceptance of this waiver. I have read the release and waiver of liability and fully understand its consent. I voluntarily agree to the terms and conditions stated here.