CLIENT AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK, RELEASE AND WAIVEROF LIABILITY, USE OF LIKENESS, AND INDEMNITY AGREEMENT
1. I am a participant in yoga and fitness classes or workshops offered by VIBE5, LLC (“VIBE5”), during which I will receive information and instruction about yoga and health. I recognize that these classes require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
2. In consideration of being permitted to participate in classes or workshops I agree to assume full responsibility for any risk, injuries or damages, known or unknown, which I may incur from participation in the program.
3. I understand that during classes, instructors may physically adjust me. I release VIBE5, its officers, members, managers, employees, agents and contractors from any claim whatsoever because of adjustments, treatment, or services rendered during my participation in classes or workshops.
4. I understand that it is my responsibility to consult a physician prior to and regarding my participation in any classes or workshops. I warrant that I am physically able to participate in all Yoga Classes and Workshops and suffer from no physical impairment that would limit any use of VIBE5’s facilities.
5. Refund/Return Policy: I understand that there are no refunds at VIBE5. Exchanges may be considered within seven days of original purchase at the manager’s discretion.
6. Expiration Dates: I understand that I must redeem all classes purchased within the time allotted. Failure to do so will result in the loss of those classes purchased.
7. Proof of Payment: I understand that I must sign in, pay for, or provide proof of purchase before participation in any classes or workshops.
8. Returned Checks: I agree to pay the $30.00 processing fee on any returned checks - out of town checks are not accepted.
9. I understand that the classes I attend in studio will also be live streamed and recorded and hereby grant VIBE5 permission to use my photographic likeness in all forms and media for streaming classes, providing classes on demand, advertising, exposition display, trade and any other lawful purpose throughout the world and in perpetuity. I waive the right to inspect or approve versions that include my image used for publication or the written copy that may be used in connection with the images.
10. I acknowledge that novel coronavirus (''COVID-19") infections have been confirmed throughout the United States, including cases in North Carolina and Mecklenburg County. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the North Carolina Department of Health and Human Services (NCDHHS), for slowing the transmission of COVID-19, I agree, represent, and warrant that I shall not visit or utilize the facilities, services, and programs of VIBE5 (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and I agree that I am aware of this list and the countries listed and agree to check the CDC Travel Health Notices list prior to utilizing the facilities, services, and programs of VIBE5, on a daily basis if necessary. I hereby agree, represent, and warrant that I shall not visit or utilize the facilities, services, and programs of VIBE5 if I (i) experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. I agree to notify VIBE5 immediately if I believe that any of the foregoing access/use restrictions may apply.
11. VIBE5 has taken certain steps to implement recommended guidance and protocols for slowing the transmission of COVID-19. I acknowledge and agree that VIBE5 may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agree to comply with VIBE5 revised procedures prior to utilizing the facilities, services, and programs of VIBE5. I further acknowledge and agree that, due to the nature of the facilities, services, and programs offered by VIBE5, social distancing of 6 feet per person may not be possible once restrictions on the number of people allowed in public places are lifted. I understand and appreciate both the known and potential dangers of utilizing the facilities, services, and programs of VIBE5 and acknowledge that use thereof may, despite VIBE5’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
12. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS VIBE5, its directors, officers, employees, contractors, and agents, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with VIBE5. I understand and agree that VIBE5 is not required to provide insurance to cover the undersigned in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with VIBE5.
13. I agree and acknowledge that use of VIBE5 facilities and services, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned due to negligence, active or passive, or otherwise while in, about or upon the premises of VIBE5. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and waive any claim in respect thereof.
14. I further expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
15. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM VIBE5 IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO VIBE5 THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).