AGREEMENT OF TERMS + CONDITIONS AND WAIVER OF LIABILITY FORM
Why You’re Reading This Document
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing together, either in person or online, and have you release Michael Fong, Tristina Kennedy, Roots to Wings Yoga, their directors, officers, employees, volunteers, independent contractors, any property owners and agents of any liability.
Please be aware that if you do not sign this Waiver and agree to its terms, you will be unable to participate in our classes.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
1. PARTIES. We will refer to Tristina Kennedy and/or Michael Fong as Roots to Wings Yoga, a partnership registered in the State of California, our directors, officers, employees, volunteers, independent contractors, the property owner and agents as “RTW Yoga”, “us” or “we”. We’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
2. THE ACTIVITIES. You will be participating in yoga and exercise classes with RTW Yoga. We offer yoga and movement classes that may involve but are not limited to the following activities (the “Activities”):
a. During class we will practice yoga poses and sequences of movement that build strength and flexibility. They may involve breathing exercises, hatha/vinyasa/yin/restorative yoga, inversions, and meditation.
b. The Activities also apply to any yoga and exercise classes which are made available for online streaming and participation. As these classes will be taking place without in-person guidance by us, you acknowledge that you are responsible for the safe facilitation of the Activities.
3. EQUIPMENT. In the course of the Activities, you may use a variety of equipment (the “Equipment”), which may include but is not limited to: yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls. Please do not use any equipment not instructed by us.
a. Use of Masks / Facial Coverings. It is completely 100% your voluntary choice if during the Activities you wish to wear a mask or other forms of facial covering and protective gear designed to help reduce the spread of COVID-19 or other communicable diseases (“Protective Gear”). You understand and assume the risks of using any Protective Gear while performing the Activities, as detailed in section 2, and should check with your doctor to make sure you do not have any underlying risks and are fit to do so.
4. INHERENT RISKS. You understand that participating in the Activities poses inherent risks, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.
a. Injuries include but are not limited to things like muscle tears, strains and other musculoskeletal injuries, sprains, broken bones, cardiovascular complications, dehydration, dizziness, and fainting.
b. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space or Equipment.
c. There are additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
d. There are additional risks posed by using Protective Gear while exercising and performing the Activities, including but not limited to asphyxiation, respiratory and breathing difficulty, chest pain, fainting, fatigue and collapse.
5. AFFIRMATION OF HEALTH. By participating in any Activities with RTW Yoga, you affirm that you have sought medical advice regarding your fitness to practice yoga. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate in advanced level yoga, including yoga in heated conditions.
a. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to practice the Activities, please consult with your doctor and we urge you not to participate in our Activities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.
6. VOLUNTARY ASSUMPTION OF RISK. You have read this Waiver and understand the risks of participating in the Activities with RTW Yoga. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the classes with RTW Yoga illustrates your voluntary participation and assumption of the risks of the Activities.
7. RELEASE, WAIVER AND INDEMNITY. You hereby release Tristina Kennedy, Michael Fong, and Roots to Wings Yoga, its members, directors, officers, contractors, employees, volunteers, any property owners, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of RTW Yoga’s negligence, during your participation in the Activities with RTW Yoga. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
8. MEDIA RELEASE. By being a student with us in-person or online, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured during any Activities or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you. You give us permission to contact you regarding your account, schedule, or payment method. By submitting your information to us, you may receive period offers, promotions, or stories/messages from us. You are always welcome to unsubscribe from these at any time.
9. REFUND & CANCELLATION POLICY. By booking classes and sessions with us, you agree to our cancellation policy as outlined here in this form. All payments/bookings are non-refundable and non-transferable, unless the class is cancelled by us. This is due, in part, to the fact that we have limited space and most classes fill to capacity in advance. By booking your spot, we are holding your place in the class, therefore others may not be able to book. Of course if there's a true, unavoidable emergency, please email us as early as possible & we'll do our best to work with you. Should we need to cancel class because of weather, air quality, or any other circumstances outside of our control, you will be notified as soon as possible and issued a refund or credit back to your pass.
10. CLASS PASS EXPIRATION POLICY. Class passes can be used for both Indoor + Outdoor Yoga classes. 10 class passes are valid for 12 months from the date of purchase. Any unused classes are not refundable or transferable. Of course if there's a special circumstance, please email us & we'll do our best to work with you.
11. PRIVATE SESSION PACKAGE EXPIRATION POLICY & APPOINTMENT CANCELLATIONS. Packages for private yoga and empowerment self-defense sessions are valid for 180 days from the date of purchase. Any sessions not redeemed within this time will expire. 48 hours notice is preferred, but a minimum of 24 hours notice for cancellations is required. Cancellations that are made less than 24 hours in advance (as well as appointment no shows) will result in a session being deducted from any existing package. Of course, we understand that last minute emergencies can arise. Please be proactive in communication; we will do our best work with you in these instances.
12. GENERAL LEGAL PROVISIONS. JURISDICTION. This Waiver will be governed exclusively by the laws of the State of California. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
Thank you for your cooperation! We look forward to practicing together.