PLEASE READ CAREFULLY:
Waiver and Liability Release
I am aware that Elizabeth Nuti, Skybird Yoga and all yoga contractors and sub contractors are here to serve me by sharing knowledge of Yoga and health. By my participating in any classes or activities, I agree to take full responsibility for not exceeding my limits in the practice of yoga and for any injury I might suffer in the practice of yoga or any classes, events or workshops associated with Skybird Yoga. It is my responsibility to ascertain that there is no medical reason to prevent my participation. In consideration for Skybird Yoga and E. Nuti, I waive any claim that I might have at any time for injury of any sort against Skybird Yoga, E. Nuti or any person or entity in any way involved therewith. I understand that my participation in any yoga class with Elizabeth and Skybird Yoga is completely voluntary and at my own risk. I hereby release and discharge Skybird Yoga, and the emissaries, its agents, its subsidiaries and its associates from any and all liability, including personal injury, costs, legal fees, and any and all damages sustained while participating in yoga.
In consideration of the services of Elizabeth Nuti and Skybird Yoga LLC, including, but not limited to its agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "The Skybird Yoga"), I HEREBY ACKNOWLEDGE AND AGREE TO IRREVOCABLY RELEASE AND WAIVE, INDEMNIFY, AND DISCHARGE Skybird Yoga, LLC OF ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES/AGENTS, AND ESTATE AS FOLLOWS:
1. I ACKNOWLEDGE that I understand that yoga includes physical movements, as well as an opportunity for relaxation, stress re-education, and relief of muscular tension. As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture, and, if necessary, ask for support from the teacher or staff. I will continue to breathe smoothly.
2. I further acknowledge and agree that yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST SKYBIRD YOGA, LLC.
3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity. My participation in Yoga is purely voluntary, and I elect to participate in spite of the risks, known or unknown.
4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS SKYBIRD YOGA,LLC FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my participation in yoga or my use of The Yoga Stand's equipment or facilities, including any such claims which allege negligent acts or omissions of Skybird Yoga, LLC.
5. Should Skybird Yoga, LLC or anyone acting on its behalf be required to incur attorney's fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD SKYBIRD YOGA, LLC HARMLESS FOR ALL SUCH FEES AND COSTS.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN YOGA, OR ELSE I AM WILLING TO ASSUME—AND BEAR THE COSTS OF—ALL RISKS THAT MAY BE CREATED, DIRECTLY OR INDIRECTLY, BY ANY SUCH CONDITION.
7. I FURTHER ACKNOWLEDGE AND AGREE that Skybird Yoga, LLC may, in its sole discretion, bar my participation in yoga or require my removal from its facilities or online in order to prevent injury or inconvenience to myself and others.
8. In the event that I file a lawsuit against Skybird Yoga, LLC, I agree to do so solely in the state of Michigan, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Photo Release: At times portions of our classes and events may be filmed, photographed, and/or recorded. By signing here, you consent to the possible reproduction of your likeness and/or voice, as well as the likeness/voice of any person representing our products and/or services, and you waive any claims in connection therewith.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By reading this NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that if anyone is injured or property is damaged during my participation in yoga, I may be found by a court of law to have waived my right to maintain a lawsuit against Skybird Yoga, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.
I FURTHER ACKNOWLEDGE I HAVE READ AND UNDERSTOOD THIS NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of Minor being permitted by Skybird Yoga, LLC to participate in its activities and to use its equipment and facilities, I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS SKYBIRD YOGA, LLC FROM ANY AND ALL CLAIMS WHICH ARE BROUGHT BY, OR ON BEHALF OF MINOR, AND WHICH ARE IN ANY WAY CONNECTED WITH SUCH USE OR PARTICIPATION BY MINOR.
I FURTHER ACKNOWLEDGE AND AGREE that Skybird Yoga, LLC may, in its sole discretion, bar minor’s participation in yoga or require minor’s removal from its facilities in order to prevent injury or inconvenience to minor and others.
I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.