Half Moon Yoga & Fitness, LLC dba Dore VanSlyke
Release & Waiver of Liability (“Agreement”)
1. I am participating in yoga, meditation and fitness classes, workshops and/or other wellness, exercise and fitness activities (collectively, “Activities”) offered by Half Moon Yoga & Fitness, LLC (“Company”) doing business as Dore VanSlyke (“Teacher”). The Activities may be offered online via livestream Zoom, videos, television, podcasts, apps or other digital media or platforms, or in the rented physical location of a retreat, yoga studio, or gym space. All of such offerings, whether physical or online, shall be considered “Activities.”
2. I understand that the Activities require physical exercise which involves strenuous physical movement, and that the Activities carry the risk of physical and/or mental injury. I understand that it is my responsibility to judge my physical and mental capabilities for the Activities. I agree that the Company and Teacher offer no guarantee of results. I agree that I am solely responsible for my level of health and stamina, and that any results that occur, whether positive or negative, are the effects of my personal choices. I represent and warrant that I am physically fit enough to participate in the Activities and that I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate an existing physical injury or medical condition.
3. I recognize that I must be in adequate physical and mental health to participate in the Activities, and understand that it is solely 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. Any recommendation for changes in diet including the use of food supplements, weight reduction and/ or body building enhancement products are entirely my responsibility and I will consult a physician prior to undergoing any dietary or food supplement changes. I understand that the Teacher reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds in the Teacher’s full and complete discretion.
4. I am aware that my participation in the Activities could result in, among other things, 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, back, neck and other injuries as a result of my participation in the Activities. I also understand that there may be other risks, unknown or not reasonably foreseeable to Released Party (defined below), that result from my participation in the Activities. I understand my physical limitations and I warrant that I am sufficiently aware of my limitations to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury. I agree that if I am unable to perform or complete the Activities due to physical limitation or lack of understanding, I WILL NOT attempt the Activities. If I do attempt, I will be liable for any injury, damage, or loss sustained as a result of my attempting the Activities. I agree that participation in the Activities is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my physician immediately. If I do require medical treatment or attention while or after participating in the Activities, I agree that the medical costs are mine and mine alone, and hold the Company and Teacher blameless from any charges, fees, or costs that my conditions may incur.
5. I understand that the Teacher may suggest physical adjustments or use of equipment (not limited to mats, hand weights, straps & yoga blocks) and that it is my sole responsibility to determine if any such suggested adjustment or use of equipment is appropriate for my level of ability and physical and mental conditions. I understand and acknowledge that I will not be monitored by the Teacher while I am participating in the Activities, and that there will be no liability to Released Party (as defined below) if I sustain any injury, damage, or loss as a result of any failure to monitor me during my participation in the Activities.
6. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for inspecting the premises in which I will participate in the Activities, and further assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities regardless of the cause, whether active or passive, including those which may result from the negligence of the Teacher, whether those arise while I perform the Activities or thereafter.
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 Company, the Teacher, and any of Teacher’s employees, independent contractors or assistants (each, a “Released Party”) that I may sustain as a result of participating in the Activities, even if the Claim arises from the negligence of Released Party or anyone else. I agree to indemnify and hold harmless 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 Released Party or anyone else. “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, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity. This Agreement is intended to be as broad as is allowed under the applicable law.
8. On behalf of myself, my heirs & assigns, and my legal representatives, I forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of any Released Party.
9. I understand that the Teacher 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 consent to the use of my image and/or name that may appear in any such photograph or video.
10. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Massachusetts and all actions, suits, claims and proceedings relating to this Agreement shall be brought in a court of competent jurisdiction located in Massachusetts. 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, and that it is a release of liability, express assumption of risk. 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 assert certain legal rights that my heirs, next of kin, executors, administrators and assigns may have against any Released Party. I further acknowledge that no oral representations, statements, or inducement apart from this Agreement have been made to me.
4823-8995-3475, v. 2