Nuturing the Practice of Yoga with Kindness and Compassion

Liability Waiver

Southern Lotus Yoga, Inc.

Release And Waiver Of Liability

Effective as of the Acceptance Date, Southern Lotus Yoga, Inc., (hereafter “SCHOOL”) and Andrew Moreau (hereafter “PARTICIPANT”), agree that School will provide instruction to Participant(s) under the terms and conditions of this Release and Waiver of Liability (the Agreement).


I, YOUR NAME HERE, hereby agree to the following:

ARTICLE 1: TERM OF AGREEMENT


1.1 This Agreement becomes effective as of the date stamped upon submission of this waiver (the Acceptance Date) and it continues in effect until terminated in accordance with the termination provisions contained herein.

 

ARTICLE 2: EXPRESS ASSUMPTION OF RISK


2.1 I am participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) the School. The Activities may be offered in the physical location of the School and/or off site properties, or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”


2.2 As The Participant, am aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all yoga exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration.


2.3 These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this yoga program. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.


2.4 I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the School reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.



ARTICLE 3: RELEASE


3.1 I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release Southern Lotus Yoga, Inc. and the hosting organization, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

 

3.2 I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.

 

3.3 In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the School, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities at the School even if the Claim arises from the negligence of any Released Party or anyone else.

 

I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.

 

“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

 

I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.



3.4 I hereby understand that the School from time to time may photograph, video, or otherwise record classes or events occurring at the School and place such photographs and videos on its Website or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.


ARTICLE 4: INDEMNIFICATION


4.1 The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Southern Lotus Yoga, Inc. and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training, as well as any online videos or instruction provided by the School.


ARTICLE 5: DEFAULT AND TERMINATION OF AGREEMENT


5.1 Termination on Occurrence of Stated Events: This Agreement shall terminate automatically upon the occurrence of the bankruptcy, insolvency, sale or death of either party. This includes removing access to any School provided systems, the premises, and participation of the schedule of classes.


5.2 Either party, at its option, may terminate this agreement immediately by giving written notification.

 

ARTICLE 6: GENERAL PROVISIONS


6.1 Notice: Any notice required under this Agreement must be in writing by email. If either party changes its email address, emailed notice of such change must be given immediately to the other party. Emailed notices are deemed communicated as of one day after mailing. Teaching Venue’s email address is info@southernlotusyoga.com.


6.2 Entire Agreement of Parties: This Agreement supersedes any and all other agreements and or contracts, either oral or written, between the parties regarding Schools’s services for Participant(s). It contains all of the covenants and agreements between the parties, regarding the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this contract. If there is any agreement, statement or promise not in this contract, it shall be void, invalid and non-binding. Any modification of this contract will be effective only if it is in writing and approved by both parties.


6.3 Partial Invalidity: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.



ARTICLE 7: LEGAL PROCEEDINGS


7.1 Arbitration and Governing Law: Both parties agree to mediate any controversy between them involving the construction or application of any of the terms, covenants, or conditions of this contract. This Agreement shall be governed by and construed under state of Georgia law.

 

ARTICLE 8: APPENDICES


8.1 Appendices to this Agreement may be modified from time to time with the mutual agreement of School and Participant(s). Such modification shall be an addendum and revision of this Agreement and shall become effective upon the date of the signature by both parties.

 

ARTICLE 9: ACKNOWLEDGEMENTS


9.1 This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.

9.2 I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.

 

Name of participant: YOUR NAME HERE

Agreed on: Feb 20, 2022

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