1. I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities, which may or may not include support devices (collectively, the “Activities”) offered by Namastday Yoga (NY) and/or its owners, managers, instructors, workshop presenters, employees, staff and/or independent contractors (“NY Related Parties”).
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 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 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 NY (and each NY Related Party) reserves the right to refuse my participation in any Activity on any other grounds.
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 strains, pulls, tears, broken bones, shin splints, heat prostration, knee, lower back or foot injuries and any other illness, soreness or injury however caused 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.
4. I UNDERSTAND THAT I AM NOT RELYING ON AND WILL NOT RELY ON NY OR ANY NY RELATED PARTY TO PROVIDE ANY MEDICAL ADVICE OR MEDICAL RECOMMENDATION WITH RESPECT TO MY PARTICIPATION IN THE ACTIVITIES EVEN THOUGH I MAY HAVE DISCUSSED, DISCLOSED AND/OR SHARED ANY PHYSICAL OR OTHER LIMITATIONS WITH IYT OR ANY NY RELATED PARTY. MY PARTICIPATION IN THE ACTIVITIES IS BASED ON MY SOLE DETERMINATION AND SOLE RISK.
5. If I teach third parties (“Third Parties”) certain material presented in the Activities (“Curriculum”), whether assigned by NY or NY Related Parties, then I do so based on my sole discretion and my sole risk. I take full and sole responsibility for teaching such Curriculum to any Third Party. I agree and acknowledge that NY strongly recommends that I obtain and carry liability insurance for my teaching activity in the amounts and with coverage sufficient and customary to address such activity.
6. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any and all risks, injuries or damages, known or unknown, which (a) I might incur as a result of participating in the Activities at NY, including those which may result from the negligence of NY or any NY Related Party and (b) any Third Party may incur as a result of my teaching the Curriculum.
7. 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 the NY, the NY Related Parties, and the estate of B.K.S. Iyengar (each, a “Released Party” and collectively, the “Released Parties”) that I may sustain as a result of participating in the Activities at NY even if the Claim arises from the negligence of any Released Party or anyone else. Furthermore, I agree that I will cause each Third Party to sign a waiver and release in favor of the Released Parties in a form substantially similar to this Waiver and Release.
8. 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. Furthermore, I agree to indemnify and hold harmless each Released Party from any loss, cost or liability incurred in defending any Claim made by a Third Party.
9. “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 (or in the case of a Third Party, participation by such Third Party in an activity based on the Curriculum applied by Participant).
10. 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.
11. I hereby understand that NY may from time to time photograph, video, or otherwise record classes or events occurring at its studios and place such photographs and videos on its Website (http://www.iyengaryogatherapeutics.com/ or its successor) or other marketing material. I hereby consent to the use of my name and image that may appear in any such photograph or video.
12. This Release and Waiver will be construed in accordance with, and governed by, the laws of the State of California, without regard to conflict of laws principles. Any and all actions, suits, claims and proceedings relating to this Release and Waiver must be brought in the federal or state courts located in Los Angeles County, California, and I irrevocably consent to the jurisdiction of such courts and waive any objection based on forum non conveniens. In case any provision of this Release and Waiver is held invalid, illegal or unenforceable, it will not affect any other provision of this Release and Waiver and this Release and Waiver will be construed as if such provision had never been contained herein.
13. I acknowledge that I have carefully read this Release and Waiver and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this Release and Waiver, 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.
Memberships and class series are non-transferable.
Namastday Yoga has the right to refuse service to anyone.
I have carefully read, fully understand and agree to the above