hOMe Vinyasa Release and Waiver of Liability
hOMe Vinyasa Release and Waiver of Liability
This Release and Waiver of Liability Agreement (“Agreement”) sets forth legally binding terms for your use of the instruction or instructional content provided by hOMe Vinyasa (the “Service” or "Services”). By using the Service, the participant in online or in person yoga or similar fitness instruction classes offered by hOMe Vinyasa (“Student” or “you” or “your”) agrees to be bound to the following:
A. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a hOMe Vinyasa instructor (“Instructor”), is a strenuous physical activity. Accordingly, the Student is urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. hOMe Vinyasa is not a medical organization and its instructors or staff cannot give the Student medical advice, diagnosis or treatment. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by the Student and are carried out solely at the Student’s election while accessing hOMe Vinyasa Services. Nothing contained in the Service should be construed as any form of such medical advice, diagnosis or treatment.
B. Assumption of Risk and Release
By using the Service, the Student understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. The Student understands that they bear the responsibility to judge their own physical and mental capabilities for such activities. It is the Student’s responsibility to ensure that participating in classes, courses, programs, and activities from hOMe Vinyasa will not exceed their limits while performing such activity, and the Student will select the appropriate level of activity for their skills and abilities, as well as for any mental or physical conditions and/or limitations they might have. The Student understands that, from time-to-time, Instructors may suggest physical adjustments or the use of equipment and it is the Student’s sole responsibility to determine if any such suggested adjustment or equipment is appropriate for their level of ability and physical and mental condition. In consideration of the use of the Service, the Student assumes any and all risks of any kind of injury from yoga or related fitness activity as performed through hOMe Vinyasa’s Service. Further, the Student knowingly, voluntarily and expressly waives and releases any Claim (defined below) that the Student may have at any time against hOMe Vinyasa, or any person or entity involved with hOMe Vinyasa, including without limitation its directors, principals, Instructors, independent contractors, employees, agents, contractors, affiliates and representatives, even if the Claims arise from the carelessness, negligence or gross negligence of hOMe Vinyasa or anyone else. Student agrees and covenants not to sue or otherwise attempt to hold hOMe Vinyasa liable for any injury regardless of the cause. Further, Student will indemnify and hold harmless hOMe Vinyasa from any loss and liability incurred in defending any Claim made by Student, or anyone making a Claim on Student’s behalf, even if the Claim is alleged to or did result from the carelessness, negligence or gross negligence of hOMe Vinyasa or anyone else. Claims include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, loss of pregnancy or death that Student may suffer, or Student’s children may suffer or Student’s unborn child may suffer (including any legal fees and expenses) in connection with participation in participating in virtual or in-person classes or workshops with hOMe Vinyasa.
C. General Liability
In no event shall hOMe Vinyasa, its officers, directors, employees, or agents, be liable to the Student for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of Service, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of hOMe Vinyasa secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the hOMe Vinyasa is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The Student specifically acknowledges that hOMe Vinyasa shall not be liable for content posted by other users or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with the Student. Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by hOMe Vinyasa or any of its employees. hOMe Vinyasa is not responsible for any third-party content on the Service or third-party web page accessed from the Service, nor does hOMe Vinyasa warrant the accuracy of any information contained in a third-party website or its fitness for any particular purpose. No communication of any kind between the Student and hOMe Vinyasa or a representative of hOMe Vinyasa shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.
D. Changes
In the event of any material changes to this Agreement, hOMe Vinyasa will post a notification on the website. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing in this Agreement. The Student’s continued use of the Service following the posting of any changes to this Agreement means that you accept those changes.
E. Release of Parents’/Guardians’ Rights
In consideration of allowing a Student under the age of eighteen (18) (“Minor Student”) to participate in virtual or in-person classes or workshops with hOMe Vinyasa, I hereby release and hold harmless hOMe Vinyasa of and from, and do discharge and waive, any and all claims, demands, losses, damages, and liabilities that I may have or sustain with respect to any and all damage and/or injury, of any type, arising from Minor Student’s participation in virtual or in-person classes or workshops with hOMe Vinyasa. I certify that Minor Student is in good health and has no physical condition that would prevent participation in virtual or in-person classes or workshops with hOMe Vinyasa.
F. Indemnification by Parents/Guardians
The undersigned Parent or Guardian further agrees to indemnify, save and hold harmless the hOMe Vinyasa from any and all Claims, demands, losses, damages and liabilities for indemnities, contribution or otherwise with respect to any damage and/or injury, of any type, arising from Minor Student’s participation in virtual or in-person classes or workshops with hOMe Vinyasa.
G. Acknowledgment
The Student acknowledges that it has carefully read this release and waiver of liability and fully understands its contents. Student voluntarily and knowingly agrees to the terms and conditions stated herein. Student is aware that by agreeing to this release and waiver of liability, Student is giving up substantial rights including the right to sue and certain legal rights that Student’s heirs, next-of-kin, executors, administrators and assigns may have against hOMe Vinyasa.
I am participating in virtual or in-person classes or workshops with hOMe Vinyasa. I am aware of the physical risks involved with exercise and understand it is my personal responsibility to consult with my doctor regarding my participation. I have no medical condition that would prevent me from taking part in classes or workshops, and I assume responsibility for any risk or injury I may sustain as a result of my participation. I have read the above release and waiver of liability and understand its contents. I agree to the terms and conditions stated above.