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Liability waiver
SLIH Liability Waiver
 
I have enrolled in the hot fitness program offered by Some Like It Hot Yoga and Wellness (herein referred to as SLIHYW) which includes classes, trainings, events, retreats, and workshops including without limitation, Hot 26 & 2 90, Hot 26 & 2 60, Hot Core 45, Hot Ignite, Hot Core Barre, Hot Kick Your Asana, and such other classes offered from time to time ( collectively referred to hereinafter as the "Fitness Classes" individually, a “Fitness Class”). In consideration of my participation in any and all of the Fitness Classes, at the studio location(s) in the County of Richmond or at such other location(s) including via remote broadcast, I hereby consent, acknowledge and agree to each of the following:

  1. I have voluntarily come to and will practice each Fitness Class as rendered and according to the theories, concepts, practices associated with such Fitness Class, as practiced and taught by SLIHYW I understand, acknowledge and agree that the Fitness Classes offered are different than other forms of yoga and fitness classes and thereby accept full personal responsibility and assume all risk associated with each such Fitness Class.
  2. I know that each Fitness Class involves the entire body, is offered in a hot and humid environment (105 degrees and 50% humidity), and that it can be strenuous and intense. Having taken this into consideration, I hereby represent to SLIHYW that I am in good physical and mental health, medical condition, and overall fitness. I have no pre-existing condition, nor any knowledge or reason to know that SLIHYW should not accept my enrollment.
  3. I understand SLIHYW is not responsible for any lost or stolen items. I understand that SLIHYW does not store or maintain a lost-and-found. It is my duty to keep up with all my personal belongings.
  4. It is my responsibility to obtain timely, regular, and current approval from health and medical personnel. Likewise, it is my responsibility to withdraw immediately should it be necessary or desirable.
  5. In order to participate in any of the Fitness Classes, I will accept and follow without question all instructions given to me including, without limitation, those about performing the postures and correct alignment in each of the Fitness Classes. I am aware that any deviation from the instructions given may put me at risk and I fully and completely accept all consequences arising directly or indirectly therewith. I am aware that nutrition, sleep and hydration is critical. I will have water or another beverage with me at all times. If at any time or moment, including during a Fitness Class, I feel the need to rest or to cease from any activity, I will do so and leave the studio immediately.
  6. I hereby certify to SLIHYW, each and every time that I attend a Fitness class, that (a) I have not had a fever within the past 48 hours, (b) I have not been in close contact with anyone diagnosed with COVID-19, (c) I have not traveled within the past 14 days to any region that is considered a “COVID-19 Hotspot” and/or (d) I am not experiencing any shortness of breath.
  7. I hereby grant SLIHYW permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the SLIHYW and will not be returned.
  8. I hereby irrevocably authorize SLIHYW to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
  9. I understand that participation in any or all of the Fitness Classes includes possible exposure to and illness from infectious diseases, including but not limited to, COVID-19, MRSA and Influenza. While particular rules and personal discipline may reduce this risk, the exposure of serious illness and death does exist and thus, I HEREBY KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS TO EXPOSURE OF ANY INFECTIOUS DISEASE (including without limitation COVID-19), BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation in any of the Fitness Classes.
  10. I willingly agree to comply with all of the stated and customary terms and conditions for participation in the Fitness Classes as it relates to protection against infectious diseases.
  11. If I am directly exposed or become infected with COVD-19 I will notify management immediately. I understand my personal information will stay anonymous, however I want to aid in any and all procedures and protocols to keep the SLIHYW Ownership, Management, Staff, Teachers, and Practitioners safe. I am clear tracing is extremely important as per recommended by the CDC and I fully intend to comply for respect of the National COVID-19 Pandemic.
  12. I, together with my heirs, assigns, personal representatives and next of kin, HEREBY FULLY AND FOREVER RELEASE, DISCHARGE, AND COVENANT NOT TO SUE, SLIHYW, Nicole Stuckey together with its Owner, Managers, Members, instructors, agents, employees and respective assigns (“RELEASEES”) WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH or loss of damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, relating, directly or indirectly, to participation in any of the Fitness Classes and/or any and all liability related to COVID-19 or other infections diseases which might occur as a result of being on the premises and/or participation in any of the Fitness Classes.
  13. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation attorneys’ fees, costs and disbursements) arising from or out of, or relating to, directly or indirectly, to; participation in a Fitness Class, COVID-19 and/or any other illness or injury
  14. I understand the tuition paid herewith and such registration fees paid hereafter are non-refundable, such refunds, if any as are made shall be entirely within the discretion of management and ownership.
  15. I acknowledge the tuition paid covers all offerings from SLIHYW, no extensions, transfers, or holds are permitted.
  16. I understand class capacity, class times, instructors, and general practices may change at SLIHYW.
  17. It is my express intent that this Agreement shall bind any and all of my representatives and shall be deemed a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the RELEASEES. This Agreement shall be governed and construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts. I HEREBY KNOWLINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TIRAL OF ANY DISUTE ARISNG IN CONNECTION W ITH THIS AGREEMENT.
  18. I hereby understand, acknowledge and agree that each of the foregoing provisions apply to each Fitness Class at the studio AND each class broadcast to me under the direction of SLIHYW via live stream, video or other technology. I hereby acknowledge and agree that remote participation of any class is done is at my own risk and all terms contained herein shall apply to such participation.

This Form cannot be signed by minors. Activity participants under 18 must have this form signed by a parent or legal guardian to be allowed to participate in this yoga class. It is preferred that the parent or guardian also be in attendance for the minor’s first class.

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING TERMS OF THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

 

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I agree to the Some Like It Hot Yoga and Wellness liability waiver

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