Activity Waiver & Release – YOGA ENERGY MENAI
THIS ACTIVITY WAIVER & RELEASE (this "Agreement") dated on the day of the participants purchase of Yoga Energy Pty Ltd products and services
OF THE FIRST PART
Yoga Energy Pty Ltd of Suite C6, Level 1, 152-194 Allison Crescent Menai, NSW 2234(the "Activity Provider")
OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:Consideration
1.Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, contractors, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
2.The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement, electronically or in person.
2a. The Participant understands and agrees to pay a fee for the service outlined in subscriptions, gift certificates and packages. The payment of fees is either agreed on casually or by contract.
2b. Casual Payment - The Participant agrees to choose and accept the terms and conditions of a casual visit pass. The payment is non refundable unless in error by Yoga Energy Menai Pty Ltd. The casual pass cannot be used by any other person other than the participant whom accepts these terms and conditions.
2c. Contractual Payment - The Participant agrees to a fixed deducted auto payment set to renew on the date of the first purchase. The contract term is either 3, 6 or 12 months and is purchased knowing that any cancellation of the contract prior to the agreed term, the participant must pay/settle 50% of the remaining monetary contract after 30 days written notice is given to Yoga Energy Menai. No exceptions will be given unless agreed upon by the owner of Yoga Energy Menai.
No refunds, exchange, transfer to another or holds. Monthly deductions from your nominated Financial Institution.(fWeekly, fortnightly or monthly deductions available at request) Withheld payments will be referred to State Debt Recovery NSW
Details of Activity
3.The Participant will participate in the following activity: Online Yoga Classes, (Hatha, YIN, Restorative, Gentle Yoga, Slow, Intermediate,Power Vinyasa ) Face to Face group Yoga classes, Antigravity group Yoga classes, Antigravity meditation, Bungee FIT ( Not Yoga) Meditation, Yoga Workshops.
3a. Due to COVID-19 the participant MUST wear grip socks in the studio and wear a garment that covers the shoulders/armpits. Participants MUST supply their own yoga mat, and eye pillow. Participants MUST wash their hands prior to entering the studio and distance themselves 1.5 metres from the next participant
3b. Bookings/Appointments - You must book in for each class, no walk ins. Cancellations are accepted 12 hours prior to a class. Otherwise the class is forfeited, unless agreed upon by Yoga Energy Pty Ltd
3c. Retreats - All retreats booked by a participant will incur a 30 percent cancellation fee of the total amount of the retreat rate for change of mind or change of circumstance, due to booking venues requiring a non refundable deposit. Auto payments are structured to continue from the purchase date of the participant for a number of payments until the rate of the retreat is received by Yoga Energy Pty Ltd. Inclusions and exclusions are set out in the rate structure of the program.
4. MIND BODY MENAI WELLNESS FESTIVAL - All registrations choose a payment option of $10 set up and $20 per week for 12 weeks total of $250.00. Or the fee in total upon receipt of invoice from Yoga Energy PTY LTD. Full refund if the event is cancelled due to any unforeseen circumstances
4.The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
5.The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the Participant will obtain a medical examination and clearance. See specific section for Antigravity when making Antigravity bookings
5a. ANTIGRAVITY AND BUNGEE - When we exercise the body, the process is one of building up, breaking down and repairing. The goal is to break down tensions and scars in muscle tissue fibre while creating more flexibility and elasticity in the joints and muscles.
5b. BUNGEE weight restriction - Means you need to be under 91kg to practice with one bungee cord. Your weight must be disclosed to provide the most suitable equipment for your safety
The other goal is also to refresh the systems of the healing body without causing any additional harm.
However, sometimes one’s body is already in repair mode as one goes through a healing crisis and requires monitoring by a health professional. Listed below are some of the contraindications of which one should be mindful;
Recent Surgery (especially shoulder, eyes, back, hips, hand, or wrist)
Irregular Heart Function
Very High or Low Blood Pressure
Easy Onset Vertigo
Osteoporosis or Bone Weakness
Recent Head Injury
Carpal Tunnel Syndrome (Grip)
Hiatal Hernia (Diaphragm & Aorta – Inversions can go through into the Thoracic Cavity)
Botox (within the last 6 hours) Injected into the circulation the Botox could move
Please consult your health professional if you are considering taking a class if you have experienced anything from the above list. You will need medical clearance by your health professional prior to commencing Aerial Group Classes with Yoga Energy PTY LTD Full and Final Settlement
6.The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
7.The Participant understands that by electronically signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against Yoga Energy Pty Ltd for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
8.The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
9.This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
10.This Agreement will be governed by and construed in accordance with and governed by the laws of the State of New South Wales.
11.Participant has read and acknowledged this document and has continued to purchase this product