Waiver and Release of Liability
Welcome! Before participating in Wild Heart Yoga Cambridge (Cambridge Athletica Inc.) (“Wild Heart Yoga”) Activities, as defined below, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Wild Heart Yoga of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that you will not be permitted to participate in any activities if you do not sign this Waiver and agree to its terms.
If you are a minor in the Province of Ontario or your place of residence, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
Parties. We are Wild Heart Yoga Cambridge (Cambridge Athletica Inc.), a corporation based in the Province of Ontario. In this Waiver, we will refer to ourselves as “Wild Heart Yoga,” “us,” “we,” and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your.”
Activities. At Wild Heart Yoga, you may participate, in person or online, in yoga and other exercise classes, lectures, discussions, breath work, meditation, and sessions, events, workshops, retreats, and more, all of which may involve but are not limited to the following (the “Activities”):
2.1 Stretching and flexibility training in the form of poses, body weight and strength exercises, breath work, meditation, and relaxation. Some classes may take place in a heated room (the range of heat for hot classes is between 90°F/32°C and 104°F/40°C) with 40%-60% humidity.
2.2 From time to time, yoga and exercise classes will be taught by a teacher-in-training, where the yoga instructor for the class is actively earning their teaching hours for their certifications. These classes will specifically be noted as being taught by a teacher in training. You understand and acknowledge that the teachers for these classes will not be fully certified at the time of the class.
2.3 The Activities may involve physical contact, such as adjustments from instructors, so please let us know in advance if you do not want adjustments during your practice.
2.4 The Activities (both physical movement and lecture-based) also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Wild Heart Yoga facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside of our facilities.
Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, massage balls and essential oils (the “Equipment”). Please do not use any equipment without instruction from Wild Heart Yoga and its instructors. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below (section 4).
3.1 Please note that we may add new and different Equipment in the future to provide the Activities, which will be similar to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use to participate in the Activities.
Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
4.1 Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms, and post-traumatic stress disorder, also known as ‘PTSD.’
4.2 There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.
4.3 If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body. Wild Heart Yoga strongly recommends consulting with a physician prior to participation in Activities while pregnant.
4.4 Participating in the activities online poses risks, as no in-person supervision or space is provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.
4.5 If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.
4.6 Wild Heart Yoga emphasizes that you acknowledge the above-noted list of risks is in no way exhaustive and that your release of Wild Heart Yoga for any liability is not and never will be limited solely to the risks listed above.
Guided Meditation and Breathwork. Guided meditation can lead to emotional upset and the exacerbation of mental illness. Breathwork may lead to lightheadedness, numbness, and tingling in the arms and legs and carries the risk of hyperventilation.
Indemnity Regarding Unlicensed Teachers. For classes taught by unlicensed instructors, that is teachers in training, participants accept the responsibility and risk associated and indemnify and waive any claims against Wild Heart Yoga in this regard. Please note that all classes taught by an unlicensed instructor will be specifically noted as such.
Affirmation of Health. Prior to participating in any Activities with Wild Heart Yoga, you understand that it is your responsibility to consult with a physician prior regarding said participation. You represent and warrant that you are physically fit and have no medical condition(s) that would prevent your full participation in any Activities. If you have any pre-existing medical conditions (such as, but not limited to, asthma, diabetes, heart disease), mental health conditions (such as, but not limited to, PTSD), physical injuries, weakness, or are pregnant, post-natal or post-surgery, Wild Heart Yoga strongly recommends that you should consult with your doctor first before engaging in the Activities. It is your responsibility to communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Wild Heart Yoga. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.
Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Wild Heart Yoga is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
Inappropriate Conduct. You agree to not to engage in any inappropriate conduct or conduct which is in violation of this Waiver, including, but not limited to, participating in Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused, and aware of your body and your body’s pain threshold. You acknowledge that engaging in inappropriate or conduct which is in violation of this Waiver may result in injury or illness of yourself or others.
Release, Waiver, and Indemnity. In participating in any Activities, you agree to assume full responsibility and, on behalf of yourself and, to the extent permitted law, your spouse, heirs, executors, administrators, assigns, and other persons or entities acting or purporting to act on your behalf, hereby generally and completely release, acquit, and forever discharge and release Wild Heart Yoga, its owners, officers, directors, employees, instructors and representatives (“Released Parties”) from any and all liability for any risks, illnesses, injuries or damages, known or unknown, which you might incur as a result of your participation, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. Specifically, you are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that 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 this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.
Continued Agreement. Your agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Wild Heart Yoga, whether in person, online, or via videoconferencing tools.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the Province of Ontario or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
General Legal Provisions and Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario.
Severability. If any terms or 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.
Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.
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