This Agreement is entered into by and between you (the “Student”) and Sylva Yoga LLC. Student understands Sylva Yoga LLC is here to share knowledge of yoga and related activities to promote exercise and good health (“Yoga Activities”). In connection with Student’s participation in Yoga Activities, Student understands, acknowledges and agrees as follows:
Participation in Yoga Activities is completely voluntary and it is solely Student’s decision to engage such pursuits. Yoga Activities involves physical movement and exercises that may be strenuous, and that such practice carries some risk of injury. Student understands that she or he must judge their own capabilities with respect to practicing yoga and will only participate in the appropriate level of classes that are within Student’s limits and capabilities. Student acknowledges that it is Student’s sole responsibility to confirm there is no medical or other reason preventing Student from participating in Yoga Activities and Student is qualified, in good health and in proper physical and mental condition to participate in Yoga Activities. Student understands that participation in Yoga Activities involves risks of serious bodily injury and possibly death. Student voluntarily participates in Yoga Activities with full knowledge of the dangers involved and hereby agrees to accept full responsibility for any and all injury or death, including without limitation, personal, bodily or mental injury, economic loss or damage. If Student is pregnant, she shall follow her physician’s advice and instructions about whether and to what extent Student can participate in Yoga Activities.
Student is urged and advised to seek advice of physician before beginning Yoga Activities. Sylva Yoga LLC is not a medical organization and its instructors and staff cannot give Student medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by Student and are carried out at Student’s election. Student understands and acknowledges that Sylva Yoga LLC does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, Student agrees, understands, and acknowledges that Sylva Yoga LLC shall not be held liable for defective products. If student believes any conditions are unsafe, Student will immediately discontinue participation in Yoga Activities.
As consideration for Student being permitted to participate in Yoga Activities, Student (and Student’s spouse/partner, heirs, guardians, and legal representatives, child/fetus) forever completely release Sylva Yoga LLC, instructors (former and current), employees, insurers, agents and representatives (collectively “Releasees”) from any and all liability claims, including but not limited to the use of any equipment, such as blocks, straps, or any other equipment that may be suggested by Sylva Yoga LLC. Student further agrees that Student (and Student’s spouse/partner, heirs, guardians, and legal representatives, child/fetus) will not make a claim against, sue, or attach the property of Sylva Yoga LLC or Releasees for injury or damage however caused, against Releasees. If Student, or anyone acting on her/his behalf, make a claim against Releasees, Student will defend, indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or cost which may incur as a result of such claim.
STUDENT AND Sylva Yoga LLC agree that any cause of action against releasees must commence within six months after the cause of action acures. Student and Sylva Yoga LLC each agree to limit the time period during which student may bring a claim, otherwise, any and all causes of action are permanently barred. In addition, Sylva Yoga LLC is not responsible for any injury or loss that occurred on premise, including the parking lot, and student expressly waives any right to bring a claim based on premise liability.
Sylva Yoga LLC shall not be liable to student for any indirect, special, incidental, punitive, or consequential damages of any kind, regardless of the form of action whether in contract, tort (including negligence), law, equity or otherwise, even if student has beed advised of the possibility of such damages.
From time to time during Yoga Activities, instructors may physically adjust a Student’s form. If Student does not want such physical adjustments, Student will inform the instructor at the beginning of each session the Student attends. Student also affirms that if Student doesn’t wish to receive such physical adjustments, it is the Student’s responsibility to inform the instructor.
Any controversy or claim, including without limitation, any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by North Carolina law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in North Carolina under the supervision of a mutually agreed upon mediator; 3) the parties expressly waive their right to a jury trial; 4) the maximum amount of recovery to which Student will be entitled under any and all circumstances will be three (3) times the fees paid by Student to Sylva Yoga LLC.
In connection with Student’s participation in Yoga Activities, Student agrees to abide by any reasonable rules and policies of Sylva Yoga LLC. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by Student. Sylva Yoga LLC is not responsible for lost, missing, stolen, or damaged property. If any provision of this Agreement is held unenforceable, it is the parties’ intention that said unenforceability not affect other provisions of this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Student and Sylva Yoga LLC. Sylva Yoga LLC has made no express or implied warranties of representations other than those expressly set forth in this Agreement.